Vijaya Lakshmi Yelavarthy , Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(1), Hyderabad

ITA 603/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4982 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 03-02-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 25-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B. SAI PRASAD
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.603/HYD/2019 ASSESSMENT YEAR: 2015 - 19 VIJAYA LAKSHMI YELAVARTHY, HYDERABAD. PAN: AAIPY 7446 E VS. DCIT, CIRCLE - 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHURAM & SHRI K.C. DEVDAS REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 634/HYD/2019 ASSESSMENT YEAR: 2012 - 13 SRI AEMIREDDY SEKHARA REDDY, HYDERABAD. PAN: AVVPS 6668 Q VS. INCOME TAX OFFICER, WARD - 13(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI B. SAI PRASAD REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 0 3/02/2021 DATE OF PRONOUNCEMENT: 04 /02/2021 ORDER 2 PER A. MOHAN ALANKAMONY , A.M: BOTH THE SE APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDER OF THE LD. CIT (A) - 4 , HYDERABAD AND PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD . 2. IN THE ABOVE - MENTIONED CASES, THE ASSESSEES HAVE FILED WRITTEN SUBMISSIONS BEFORE US SEEKING WITHDRAWAL OF THEIR RESPECTIVE APPEALS AS THE Y HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT IS FURTHER SUBMITTED THAT THE ASSESSEE S HAVE FILED FORM NO.1 & 2 IN BOTH THE CASES AND ALSO RECEIVED FORM - 3 FROM THE REVENUE IN THE CASE OF SHEKAR REDDY (ITA NO. 634/HYD/2019) . HENCE, IT IS PRAYED IN THE WRITTEN SUBMISSIONS THAT BOTH THE APPEAL S OF THE RESPECTIVE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN AND DISMISSED AS SUCH. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE ASSESSEES AND THEIR COUNSELS. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A RS AS THE ASSES SEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1, 2 IN THE INSTANT CASES AND IN THE CASE OF SHEKAR REDDY (ITA NO. 634/HYD/2019) THE ASSESSEE HA S ALSO RECEIVED FORM NO - 3 FROM THE REVENUE. THE LD. DR HAS ALSO 3 CONCEDED TO THE REQUEST OF THE LD. ARS. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF ANY OF THE ASSESSEE S CASE S ARE NOT A CCEPTED 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 MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR A PPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ALL THE ABOVE - MENTIONED APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPEN COURT ON THE FOURTH OF FEBRUARY, 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 04 TH FEBRUARY, 2021. OKK COPY TO: - 1) S MT.VIJAYA LAKSHMI YELAVARTHY, FLAT NO. 9, BHAVANA TOWERS, 6 - 3 - 61 /9A, KAPADIA LANE, SOMAJIGUDA, HYDERABAD 500 082. (II) SRI AEMIREDDY SEKHARA REDDY, 11 - 3 - 106/4, ROAD NO.6, ENKATESWAR COLONY, SAROORNAGAR, HYDERABAD 500 0 34. 2) THE DEPUTY COMMISSIONER OF INCOME TAX, R.NO. 722, 7 TH FLOOR, B - BLOCK, IT TOWERS, AC GUARDS, HYDERABAD. (II) INCOME TAX OFFICER, WARD - 13(4), 1 ST FLOOR, AAYAKAR BHAVAN, BASHEER BAGH, HYDERABAD . 3) THE CIT(A) - 4 , HYDERABAD . 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1 , HYDERABAD. (II) P RINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE