Meneklal Agarwal , Hyderabad V. Income Tax Officer, Ward-10(3), Hyderabad

ITA 51/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3488 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 02-06-2021
• Assessment Year: 1999-2000
• Appeal Filed On: 15-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N ESTHER
• Assessee Lawyers: TRUPTI SHARMA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 5 1 & 52 /H/20 1 9 A SSESSMENT Y EAR S : 1999 - 2000 & 2000 - 2001 MANEKLAL AGARWAL, HYDERABAD. PAN A CKPA 4767G VS. INCOME - TAX OFFICER, WARD 1 0 ( 3 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. TRUPTI SHARMA REVENUE BY: S MT. N. ESTHER DATE OF HEARING: 02 /0 6 /2021 DATE OF PRONOUNCEMENT: 04 / 0 6 /2021 O R D E R PER L.P. SAHU, AM : BOTH T H E S E APPEAL S FILED BY THE ASSESSEE FOR AY S 1999 - 2000 & 2000 - 2001 ARE DIRECTED AGAINST CIT(A) - 7 , HYDERABADS SEPARATE ORDER S DATED 1 2 / 1 1 /201 8 INVOLVING PROCEEDINGS U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 ITA NO S . 51 & 52 / H YD/ 20 19 MANEKLAL AGARWAL, HYD. : - 2 - : IN PRESCRIBED FORM NO.1 & 2 AND RECEIVE D FORM(S) - 3 , WHICH WERE NOT SUBMITTED BEFORE THE ITAT, DUE TO PAUCITY OF TIME, AND THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH E S E APPEAL S OF THE ASSESSEE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVE D FORM(S) - 3 IN TUNE THER ETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH E S E CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HIM FOR TECHNICAL REASONS. 4 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 4 TH JUNE , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 4 TH JUNE , 20 2 1 . KV ITA NO S . 51 & 52 / H YD/ 20 19 MANEKLAL AGARWAL, HYD. : - 3 - : C OPY TO : 1 MANEKLAL AGARWAL, 2 - 1 - 113, TOBACCO BAZAR, SECUNDERABAD 500 003. 2 IT O, WARD 1 0 ( 3 ) /WARD - 15(1), HYDERABAD . 3 CIT(A) 7 , HYDERABAD 4 PR. CIT 7 , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.