Elmas Magnetics Private Limited, Hyderabad V. Income Tax Officer, Ward-2(1), Hyderabad

ITA 708/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0441 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 03-03-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 18-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD S M C BENCH, HYDERABAD. BEFORE S MT. P. MADHAVI DEVI, JUDICIAL MEMBER SL. NO., ITA NO. & ASST. YEAR APPELLANT RESPONDENT ASSESSEES REPRESENTATIVE 1 .708 /HYD/201 8 20 08 - 09 M/S. ELMAS MAGNETICS PVT. LTD., PLOT NO.B - 30A, ELECTRONIC COMPLEX, ECIL POST, KUSHAIGUDA, HYDERABAD. PAN AABCE4392D INCOME TAX OFFICER , WARD 2(1), HYDERAB AD. SHRI S. SANDHY A. 2. 1276 /HYD/2019 20 11 - 12 SUBHASH BHURIWALE, 15 - 8 - 174, BEGUM BAZAR, HY DERABAD - 500 012 . PAN AJHPB 2501P INCOME TAX OFFICER, WARD 7 ( 3 ), HYDERABAD. SHRI KUMAR PAL TATED . 3 . 1627 /HYD/2019 2015 - 16 SHRI RAVINDRA KUMAR GUPTA (HUF), 16 - 11 - 20/1/25, SALEEM NAGAR COLONY, MALAKPET, HYDERABAD - 500 036 PAN AADHR 3405B INCOME TAX OFFICER, WARD 9(1), HYDERABD. SHRI SHASHANK DUNDU . 4 . 2276 /HYD/201 8 20 08 - 09 SHRI B. SUNIL KUMAR REDDY, D.NO.1 - 4 - 13, NEAR MARKET YARD, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI. PAN AJNPB 0628D INCOME TAX OFFICER, WARD 1 (2) , TIRUPATI. SHRI PAWAN KUMAR CHAKRAPANI . 5 . 2290/HYD/2018 2008 - 09 SMT. B. PADMAVATHI, D.NO.1 - 4 - 13, NEAR MARKET YARD, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI. PAN AKBPB 4604I INCOME TAX OFFICER , WARDE 1(2), TIRUPATI. SHRI PAWAN KUMAR CHAKRAPANI. RESPONDENT BY : SL. NOS. 1 , 3, 4 & 5 SMT. M. NARMADA. SL NO. 2 SHRI SANDEEP MEHTA . DATE OF HEARING : 0 3 .03.2021 . DATE OF PRONOUNCEMENT : 08 . 03. 2021. O R D E R ALL THESE APPEALS ARE FILED BY THE RESPECTIVE ASSESSES ARISING OUT OF DIFFERENT ORDERS OF THE RESPECTIVE COMMISSIONER OF INCOME TAX (APPEALS) , HY DERABAD FOR THE ASSESSMENT YEARS MENTIONED HEREIN ABOVE RESPECTIVELY. 2. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVES OF THE RESPECTIVE ASSESSES SUBMITTED THAT THE ASSESSES DO NOT WANT TO PURSUE THE APPEALS AS THEY HAVE ALREADY 2 ITA NO S . 708, 2276 & 2290/ HYD/2018 & 1276 & 1627 /HYD/2019 FILED FORMS I & II UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME, 2020 BY WAY OF FORM NOS.1 & 2 , AND IN THE CASE SOME OF THE ASSESSES, FORM 3 IS YET TO BE ISSUED BY THE D EPARTMENT. THEREFORE, CONSEQUENT TO THE SAME, THE ASSESSES DESIRES TO WITHDRAW THE APPEALS BEFORE THE TRIBUNAL. HENCE IT WAS PLEADED, THAT THE APPEALS OF THE ASSESSES MAY BE TREATED AS WITHDRAWN. 3. THE LD. DRS CONCEDED TO THE REQUEST OF THE LD. ARS. 4 . AFTER HEARING BOTH THE PARTIES, ACCORDING TO THE REQUEST OF THE ASSESSE E S AND THEIR LD. ARS, WE HEREBY ALLOW THE APPEALS OF THE ASSESSE E S TO BE WITHDRAWN. WE ALSO MAKE IT CLEAR THAT THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL WITHIN THE STIPULATED TIME AS PROVIDED UNDER THE ACT, IN ORDER TO REINSTATE THE APPEALS, IF THE IR APPLICATION S WITH RESPECT TO VIVAD SE VISHWAS SCHEME ARE REJECTED. 7. IN THE RESULT, APPEALS OF ASSESSES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MARCH, 2 021. SD/ - (S MT. P. MADHAVI DEVI ) JUDICIAL MEMBER HYDERABAD, DT. 8 TH MARCH, 2021. * REDDY GP 3 ITA NO S . 708, 2276 & 2290/ HYD/2018 & 1276 & 1627 /HYD/2019 COPY TO : APPELLANT S. 1 . M/S. ELMAS MAGNETICS PVT. LTD., PLOT NO.B - 30A, ELECTRONIC COMPLEX, ECIL POST, KUSHAIGUDA, HYDERABAD. 2 . SUBHASH BHURIWALE, 15 - 8 - 174, BEGUM BAZAR, HY DERABAD - 500 012. 3 . SHRI RAVINDRA KUMAR GUPTA (HUF), 16 - 11 - 20/1/25, SALEEM NAGAR COLONY, MALAKPET, HYDERABAD. 4 . S HRI B. SUNIL KUMAR REDDY, D.NO.1 - 4 - 13, NEAR MARKET YARD, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI. 5 . SMT. B. PADMAVATHI, D.NO.1 - 4 - 13, NEAR MARKET YARD, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI. RESPONDENT S 1 INCOME TAX OFFICER , WARD 2(1), HYDERAB AD. 2 INCOME TAX OFFICER, WARD 7 ( 3 ), HYDERABAD. 3 INCOME TAX OFFICER, WARD 9(1), HYDERABD. 4 INCOME TAX OFFICER, WARD 1 (2) , TIRUPATI. 5 INCOME TAX OFFICER , WARD 1(2), TIRUPATI. PR. C I T - HYDERABAD. CIT(APPEALS) - 5, HYDERABAD. CIT (APPEALS) - 3, HYDERABAD. CIT(APPEALS) - 7, HYDERABAD. CIT(APPEALS), TIRUPATI. CIT(APPEALS), TIRUPATI. DR. ITAT, HYDERABAD. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.