T. Saidulu, Hyderabad, Hyderabad V. ACIT, Circle-7(1), Hyderabad, Hyderabad

ITA 691/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0859 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 05-07-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 18-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LAKKA BHUSHANAM
• Assessee Lawyers: S RAMA RAO
• Section: 13

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. 6 9 1 /H/20 1 7 A SSESSMENT Y EAR : 20 08 - 09 T. SAIDULU , HYDERABAD. PAN A EBPT 4553N VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 7(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: S HRI LAKKA BHUSHANAM DATE OF HEARING: 05 /0 7 /2021 DATE OF PRONOUNCEMENT: 13 / 0 7 /2021 O R D E R PER L.P. SAHU, AM : T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 0 8 - 09 IS DIRECTED AGAINST CIT(A) 3 , HYDERABADS ORDER , DATED 20 / 01 /20 1 7 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 THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE ITA NO. 691 /H YD/ 20 1 7 SRI T. SAIDULU , HYDERABAD . : - 2 - : THERETO , AND THE SAME COULD NOT BE FILED DUE TO PAUCITY OF TIME, AND, THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH IS APPEAL OF T HE ASSESSEE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM( S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HIM FOR TECHNICAL REASONS. 5 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 13 TH JULY , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 13 TH JULY , 20 2 1 . KV ITA NO. 691 /H YD/ 20 1 7 SRI T. SAIDULU , HYDERABAD . : - 3 - : C OPY TO : 1 SRI T. SAIDULU, FLAT NO. 401, SRI SAI NIVAS, VISWAMBARI ENCLAVE, NEAR BALAJI TEMPLE, HYDERNAGAR, HYDERABAD . 2 AC IT, CIRCLE 7(1), SIGNATURE TOWERS, KONDAPUR, HYDERABAD 3 CIT (A) 3 , HYDERABAD 4 PR. CIT - 3 , HYDERABAD 5 ITAT, DR, HYDERABAD 6 GUARD FILE.