K Raghunath Babu, Hyd, Hyderabad V. Addl.CIT, Range-8, Hyd, Hyderabad

ITA 611/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9355 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 14-04-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 28-04-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1619/HYD/2017 A.Y. 2007 - 08 NARESH KEDIA, HYDERABAD. PAN: ALKPK 0289 Q VS. INCOME TAX OFFICER, WARD - 11(3), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SUNIL KUMAR JAIN REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 611/HYD/2016 A.Y. 2010 - 11 SRI K. RAGHUNATHBABU, HYDERABAD. PAN: AQAPK 9640 E VS. ADDL. CIT, RANGE - 8, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHURAM REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 706/HYD/2019 A.Y. 2013 - 14 KSR PHARMACEUTICALS PRIVATE LIMITED, HYDERABAD. PAN: AABCK 4657 M VS. DCIT, CENTRAL CIRCLE - 2(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE 2 REVENUE BY: SHRI SUNIL KUMAR PANDEY DATE OF HEARING: 08/03/2021 DATE OF PRONOUNCEMENT: 11 /03/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: ALL THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE LD. CIT(A) , HYDERABAD. 2. AT THE OUTSET, SHRI SUNIL KUMAR JOSHI, THE LD. AR FOR THE ASSESSEE IN THE CASE OF NARESH KEDIA SUBMITTED BEFORE US THAT THERE IS A DELAY OF 0 5 DAYS IN FILING THE APPEAL BEFORE THE TRIBUNAL. IN THIS REGARD, THE LD. AR SUBMITTED BEFORE US THAT SINCE THE ASSESSEE DESIRES TO AVAIL THE VIVAD - SE - VISHWAS SCHEME , THE DELAY OF 05 DAYS IN FILING THE APPEAL MAY KINDLY BE CONDONED. AFTER HEARING THE LD. AR, IN THE INTEREST OF JUSTICE, WE HEREBY CONDONE THE DELAY OF 0 5 DAYS IN THE FILING APPAL BEFORE THE TRIBUNAL AND PROCEED TO ADJ UDICATE THE APPEAL ON MERITS. 3 . AT THE OUTSET, LD. ARS IN THE CASE ITA NO. 1619/HYD/2017 AND IN THE CASE ITA NO. 611/HYD/2016 SUBMITTED BEFORE US THAT THE RESPECTIVE ASSESSEE S DESIRE TO WITHDRAW THEIR APPEAL AS THE ASSESSEE S HA VE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. THE LD. ARS FURTHER 3 SUBMITTED THAT THE ASSESSEE S HA D FILED FORM NO.1 & 2 AND FORM - 3 IS ALSO ISSUED BY THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL S OF THE ASSESSE S E MAY BE ALLOWED TO BE WITHDRAWN. 4 . IN THE CASE ITA NO. 706/HYD/2019, NONE APPEARED BEFORE US TO REPRESENT THE CASE OF THE ASSESSEE. HOWEVER, IT IS APPARENT FROM THE RECORD THAT VIDE LETTER DATED 18/2/2021 THE ASSESSEE SOUGHT PERMISSION OF THE BENCH TO WITHDRAW ITS APPEAL AS THE ASSESSEE OPTS T O AVAIL VIVAD - SE - VISHWAS SCHEME. 5 . THE LD. DR CONCEDED TO THE REQUEST OF THE LD. ARS AS WELL AS THE REQUEST MADE BY THE ASSESSEE IN THE CASE ITA NO. 706/HYD/2019. 6 . 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 R S AS THE ASSESSEE S HA VE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM - 3 IS ALSO ISSUED BY THE REVENUE . THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR S . A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF ALL THE THREE ASSESSEE S AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF ANY OF 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 MISCELLANEOUS PETI TION /S BEFORE THE 4 TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL /S . IT IS ORDERED ACCORDINGLY. 7. IN THE RESULT, APPEALS OF ALL THE THREE ASSESSEES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 11 TH MARCH, 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 11 TH MARCH, 2021. OKK COPY TO: - 1) (I) NARESH KEDIA, 6 - 56 - 2, OPP. IDPL, BALANAGAR, HYDERABAD. (II) K. RAGHUNATHBABU C/O. A.V. RAGHU RAM, ADVOCATE, 610, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD 500 001. (III) M/S. KSR PHARMACEUTICALS PRIVATE LIMITED, PLOT NO. 44, C.I.E, GANDHI NAGAR, BALANAGAR, HYDERABAD. 2) (I) INCOME TAX OFFICER, WARD - 11(3), HYDERABAD. (II) ADDL. CIT, RANGE - 8, HYDERABAD. (III) DCIT, CENTRAL CIRCLE - 2(1), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3) (I) THE CIT (A) - 5, HYDERABAD. (II) THE CIT (A) - 2, HYDERABAD. (III) THE CIT (A) - 12, HYDERABD. 4) (I) THE PR. CIT - 5, HYDERABAD. (II) THE PR. CIT - 2, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE