Narsinga Reddy Toutireddy, Warangal V. Asst. Commissioner of Income Tax, Circle-1, Warangal

ITA 703/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0859 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 18-02-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 17-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c); 201; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO S . 702 & 703 /H/201 8 ASSESSMENT YEAR S : 20 09 - 10 & 2008 - 09 NARSINGA REDDY TOUTIREDDY, WARANGAL PAN ABAPT 0527A VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 1, WARANGAL (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SASHANK DUNDU FOR SHRI K.A. SAI PRASAD REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 08 /0 2 /2021 DATE OF PRONOUNCEMENT: 24 / 0 2 /2021 O R D E R PER BENCH: TH E S E TWO ASSESSEES APPEAL S FOR AY 2009 - 10 & 2008 - 09 ARE DIRECTED AGAINST THE C I T(A) - 3 , HYDERABAD S SEPARATE ORDER S, DATED 2 9 /0 1 / 201 8 & 30/01/2018 INVOLVING PROCEEDINGS U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO S . 702 & 703 /HYD/1 8 SHRI NARSING REDDY TOUTIREDDY : - 2 - : 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE REQUES TED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEALS AS THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAI L THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTAT E HIS APPEAL S . I TA NO S . 702 & 703 /HYD/1 8 SHRI NARSING REDDY TOUTIREDDY : - 3 - : 4 . IN THE RESUL T, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 24 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 SHRI NARSING REDDY TOUTIREDDY C/O K. PARTHASARATHY & CO., ADVOCATE & TAX CONSULTANT, 1 - 1 - 298/2/B/3, 1 ST FLOOR, SOWBHAGYA AVENUE, STREET 1, ASHOK NAGAR, HYDERABAD 500 020 2 A C I T , CIRCLE 1, AAYAKAR BHAVAN, STATION ROAD, WARANGAL. 3 C I T(A) - 3 , HYDERABAD 4 PR. CIT - 3 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.