Sailesh Gupta , Ranga Reddy V. Income Tax Officer, Ward-8(2), Hyderabad

ITA 480/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6373 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 18-02-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 01-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 144; 20

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH SMC, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 480/HYD/2019 A.Y. 2015 - 16 SAILESH GUPTA, R.R. DISTRICT. PAN: AEJPG 0808 B VS. INCOME TAX OFFICER, WARD - 8(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. PHANINDRA REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 953/HYD/2019 A.Y. 2013 - 14 THE METRO ENTERPRISES, SECUNDERABAD. PAN: AAGFT 9699 C VS. INCOME TAX OFFICER, WARD - 10(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI PRADEEP KUMAR JAIN REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 16/04/2021 DATE OF PRONOUNCEMENT: 19/04/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THE CAPTIONED TWO APPEALS ARE FILED BY THE ASSESSEE S. ITA NO.480/HYD/2019 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 12 , 2 HYDERABAD IN APPEAL NO. 10139 /2018 - 19, DATED 28/01/ 2019 PASSED U/S. 14 3(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 20 15 - 16. ITA NO.953/HYD/2019 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 6, HYDERABAD IN APPEAL NO. 0137/2016 - 17/A3/CIT(A) - 6, DATED 22/03/2019 PASSED U/S. 144 R.W.S 250(6) OF THE ACT FORT THE A.Y. 2013 - 14. 2. A T THE OUTSET, LD. AR S OF THE RESPECTIVE ASSESSEES SUBMITTED BEFORE ME THAT THE BOTH THE ASSESSEE S DESIRE TO WITHDRAW THEIR RESPECTIVE APPEAL S AS THE Y HA VE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. THEY FURTHER SUBMITTED THAT BOTH THE ASSESSEE S HAD FILED FOR M NO.1 & 2 AND FORM - 3 WAS ALSO RECEIVED FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEAL S OF THE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD. AR S . 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, I AM INCLINED TO ALLOW THE PRESENT APPEAL S OF BOTH THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR S AS THE ASSESSEE S HA VE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND FORM NO.3 WAS ALSO RECEIVED FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR S . ACCORDINGLY, I HEREBY DISMISS 3 THE APPEAL S OF THE ASSESSEE S AS WITHDRAWN. HOWEVER, I ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE /S CASE /S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE RESPECTIVE ASSESSEE /S SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION /S BEFORE THE TR IBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR RESPECTIVE APPEAL /S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL S OF BOTH THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 19 TH APRIL , 2021. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH APRIL , 2021. OKK COPY TO: - 1) (I) THE METRO ENTERPRISES, PLOT NO.88, VZSAVINAGAR COLONY, NEAR KARKHANA, SECUNDERABAD 500 003. (II) SHRI SAILESH GUPTA, BUNGLOW NO.70, GOALS KUNJ, AMBIENCE FORT, NAR PILLAR NO. 125, ATTAPUR, RAJENDRA NAGAR MANDAL, RR DISTRICT, HYDERABAD. 2) (I) THE INCOME TAX OFFICER, WARD - 10(2), INCOME TAX TOWERS, AC GUARDS, HYDERABAD. (II) INCOME TAX OFFICER, WARD - 8(2), 6 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD 500 084. 3) (I) THE CIT (A) - 6, HYDERABAD. (II) THE CIT (A) - 12, HYDERABAD. 4) (I) THE PR. CIT 6, HYDERABAD. (II) THE PR. CIT (CENTRAL), HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE