VSN and Jeevan Infra Developers, Peruru Panchayat, Tirupathi V. DCIT, Central Circle, Tirupathi, Tirupathi

ITA 707/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0627 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 14-07-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 24-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KIRAN MANOHAR SHRI S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI P RASAD SAHU, ACCOUNTANT MEMBER ITA NO. 707 /H/20 1 7 A SSESSMENT Y EAR : 20 09 - 10 VSN AND JEEVAN INFRA DEVELOPERS, PERURU PANCHAYAT, TIRUPATI PAN A A IFV 3414B VS. DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE, TIRUPATI (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI KIRAN MANOHAR FOR SHRI S. RAMA RAO REVENUE BY: S HRI ROHIT MUJUMDAR DATE OF HEARING: 1 4 /0 7 /2021 DATE OF PRONOUNCEMENT: 15 / 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 9 - 10 IS DIRECTED AGAINST CIT(A) 3 , VISAKHAPATNAM S ORDER , DATED 21 / 02 /20 1 7 INVOLVING PROCEEDINGS U/S 143 ( 3 ) 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 ITA NO. 707 /H YD/ 20 1 7 VSN AND JEEVAN INFRA DEVELOPE RS, TIRUPATI : - 2 - : PRESCRIBED FORM NO.1 & 2 AND AWAITING TO RECEIVE FORM(S) - 3 IN TUNE THERETO , AND, THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH IS APPEAL OF THE ASSESSEE. 3 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO A VAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND AWAITING RECEIVE FORM(S) - 3 IN TUNE THERETO , WITH A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 IT FOR TECHNICAL REASONS. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 15 TH JULY , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 15 TH JULY , 20 2 1 . KV ITA NO. 707 /H YD/ 20 1 7 VSN AND JEEVAN INFRA DEVELOPE RS, TIRUPATI : - 3 - : C OPY TO : 1 VSN AND JEEVAN INFRA DEVELOPERS, 1 - 227/J, TARAKARAM NAGAR, PERURU PANCHAYAT, TIRUPATI. 2 D C IT, CENTRAL CIRCLE , AAYAKAR BHAVAN, KT ROAD, TIRUPATI 3 CIT (A) 3 , VISAKHAPATNAM 4 PR. CIT (CENTRAL) , VISAKHAPATNAM 5 ITAT, DR, HYDERABAD 6 GUARD FILE.