Gnanendara Reddy Midade, Mahaboobnagar V. Income Tax Officer, Ward-2, Mahaboobnagar

ITA 620/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3784 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 26-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Assessee Lawyers: K A SAI PRASAD K C DEVDAS
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 620 /HYD/20 19 ASSESSMENT YEAR: 20 14 - 15 GNANEND A RA REDDY MIDADE, MAH A BUBNAGAR 509 228. PAN: BGHPM 8502 B VS. THE INCOME TAX OFFICER, WARD - 2, MAH A BUBNAGAR. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI K.A. SAI PRASAD FOR K.C. DEVDAS REVENUE BY: SM T. D. KOMA LI KRISHNA DATE OF HEARING: 15/09/2021 DATE OF PRONOUNCEMENT: 16 /09/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD IN F. NO. PR.CIT - 4/263/12/2017 - 18, DATED 07/03/2019 PASSED U/S . 263 OF THE ACT FOR THE AY 2014 - 15. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW H IS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND FORM - 3 WAS ALSO RECEIVED FROM THE REVENUE. IT WAS 2 THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3 . THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE SIDES THROUGH VIDEO CONFERENCE, WE ARE INCLINED T O ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEE HAS 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 CONCEDE D TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 16 TH SEPTEMBER, 2021 . SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH SEPTEMBER, 2021 . 3 OKK COPY TO: - 1) GNANEND ARA REDDY MIDADE, H.NO. 1 - 60, PANJARLA VILLAGE, KOTHUR MANDAL, MAHAB U BNAGAR 509 228. 2) INCOME TAX OFFICER, WARD - 2, MAHABUBNAGAR. 3) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD. 4) THE DR, ITAT, HYDERABAD 5) GUARD FILE