The Citizen Coop.Society Limited , Hyderabad V. Asst. Commissioner of Income Tax, Circle-9(1), Hyderabad

ITA 669/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0820 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 23-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 03-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KOMALI KRISHNA
• Section: 143(3); 201; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 669/HYD/2019 AY: 201 3 - 14 THE CITIZEN COOP. SOCIETY LIMITED, HYDERABAD. PAN: AAAAT 3952 F VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 9(1), HYDERABAD. (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: MS. KOMALI KRISHNA DATE OF HEARING: 23/02/2021 DATE OF PRONOUNCEMENT: 2 5 /02/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 7 , HYDERABAD IN APPEAL NO. 074/CIT(A) - 7/2018 - 19 , DATED 26/10/2017 PASSED U/S. 143(3) R.W.S 263 AND U/S. 250(6) OF THE ACT FOR THE AY: 2013 - 14 . 2. AT THE TIME OF HEARING , NONE APPEARED BEFORE US ON BEHALF OF THE ASSESSEE TO REPRESENT ITS CASE . ON PERUSING THE APPEAL PAPERS, FROM THE RECORD WE FIND FROM THE LETTER OF LD.AR THAT THE ASSESSEE DESI RES TO WITHDRAW ITS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS 2 SCHEME. IT WAS FURTHER NOTICED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND HAD ALSO RECEIVED FORM - 3 FROM THE REVENUE. 3. THE LD. DR HAS NO OBJECTION TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 4. HAVING REGARD TO THE FACTS AND CIRCUMS TANCES OF THE CASE AND THE MATERIAL AVAILABLE ON RECORD , WE ARE OF THE VIEW THAT THE APPEAL OF THE ASSESSEE IS DESERVED TO BE DISMISSED AS WITHDRAWN AS THE ASSESSEE HAS PREFERRE D TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND FORM NO.3 HAS ALSO BEEN RECEIVED FROM THE REVENUE . THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE ASSESSEE ON THIS REGARD. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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. 3 PRONOUNCED IN THE OPEN CO URT ON THE 2 5 TH FEBRUARY, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 2 5 TH FEBRUARY, 2021. OKK COPY TO: - 1. THE CITIZEN COOP. SOCIETY LTD., H.NO.11 - 7 - 194, CITIZEN HOUSE, HUDA COLONY, SAROORNAGAR, HYDERABAD. 2. ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 9(1), 2 ND FLOOR, D - BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) - 7 , HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 7 , HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE.