Usha Devi Maganti , Hyderabad V. Asst. Commissioner of Income Tax, Circle-4(1), Hyderabad

ITA 485/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5944 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 26-04-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 03-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A V RAGHURAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 485/HYD/2019 ASSESSMENT YEAR: 2008-09 SMT.USHA DEVI MAGANTI, HYDERABAD [PAN: ACQPM2032A] VS ACIT, CIRCLE-4(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.V.RAGHURAM, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY , DR DATE OF HEARING : 26-04-2021 DATE OF PRONOUNCEMENT : 26-04-2021 O R D E R PER BENCH: THIS ASSESSEES APPEAL FOR AY.2008-09 ARISES FROM TH E CIT(A)-1, HYDERABADS ORDER DATED 25-01-2019 PASSED IN APPEAL NO.0130 / 2016-17/ ACIT, CIRCLE-4(1) / CIT(A )-1 / HYD / 2018-19, IN PROCEEDINGS U/S.143(3) R.W.S.147 OF TH E INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT SHE HAS FILED FO R SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 IN PRESCRIBED FORM NO.1 & 2 AND FORM(S )-3 IN TUNE THERETO; ALSO STANDS ISSUED. ITA NO. 485/HYD/2019 :- 2 -: 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THIS CASE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TU NE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THIS APPEAL M AY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MER IT IN ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM-3, NO PURPOSE WOULD BE SERVED IF THIS CASE IS KEPT PENDING. WE THEREFORE O RDER THAT THIS APPEAL BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THIS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HER FOR TECHNICAL REASONS. 4. THIS APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TE RMS. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH APRIL, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 26-04-2021 TNMM ITA NO. 485/HYD/2019 :- 3 -: COPY TO : 1.SMT.USHA DEVI MAGANTI, C/O.FLAT NO.610, 6 TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. 2.THE ACIT, CIRCLE-4(1), HYDERABAD. 3.CIT(APPEALS)-1, HYDERABAD. 4.PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.