Ajay Agarwal , Hyderabad V. Dy. Commissioner of Income Tax , Circle-11(1), Hyderabad

ITA 701/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7647 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 09-03-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH SMC, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 701/HYD/2019 A.Y. 2009 - 10 AJAY AGARWAL, HYDERABAD. PAN: AEBPA 3397 K VS. DCIT, CIRCLE - 11(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. S. SANDHYA REVENUE BY: SHRI SANJEEV BHAGAT, DR DATE OF HEARING: 09/03/2021 DATE OF PRONOUNCEMENT: 15 /03/2021 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, HYDERABAD IN APPEAL NO.0258/2016 - 17/ACIT, CIRCLE - 11(1), HYD/CIT(A) - 1/HYD/2018 - 19, DATED 5/2/2019 PASSED U/S. 143(3) R.W.S 147 OF THE ACT FOR THE A.Y. 2009 - 10. 2. AT THE OUTSET, LD. AR SUBMITTED BEFO RE ME THAT THE ASSESSEE DESIRES TO AVAIL VIVAD SE VISWAS SCHEME. SH E FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER SHE ASSURED THE BENCH THAT THE FORM NO.1&2 SHALL BE FILED SHORTLY. 2 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, I AM INCLINED TO TREAT THE APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DE CISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CON DONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. ACCORDINGLY, I HEREBY DISMISS THE APP EAL OF THE ASSESSEE AS WITHDRAWN GRANTING LIBERTY TO THE ASSESSEE TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEM E BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN THE OPEN COURT ON THE 15 TH MARCH, 2021. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 15 TH MARCH, 2021. OKK COPY TO: - 1) SHRI AJAY AGARWAL, PLOT NO. 341/1A, ROAD NO. 23A, JUBILEE HILLS, HYDERABAD. 2) DY. COMMISSIONER OF INCOME TAX, CIRCLE - 11(1), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT (A) - 1, HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE