The Singareni co-operative Central Stores Limited, Kothagudem V. Asst. Commissioner of Income Tax, Circle-1, Khammam

ITA 781/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0833 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 15-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: M V ANIL KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 778/HYD/19 2008-09 THE SINGARENI CO-OPERATIVE CENTRAL STORES LIMITED, KOTHAGUDEM [PAN: AAATT6061G] ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KHAMMAM 779/HYD/19 2009 - 10 780/HYD/19 2010 - 11 781/HYD/19 2011-12 FOR ASSESSEE : SHRI M.V.ANIL KUMAR, AR FOR REVENUE : SMT. N.SWAPNA, DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 02-03-2021 O R D E R THESE FOUR ASSESSEES APPEALS FOR AYS.2008-09, 2009 -10, 2010-11 & 2011-12 ARE DIRECTED AGAINST THE CIT(A)7, HYDERABADS ORDER(S) DATED 28-02-2019 PASSED IN APP EAL NOS.0147, 0146, 0145 & 0144/CIT(A)-7/2016-17 INVOLV ING PROCEEDINGS U/S. 143(3) R.WS.147OF THE INCOME TAX AC T, 1961 [IN SHORT, THE ACT] ; RESPECTIVELY. 2. AT THE OUTSET, I AM INFORMED DURING THE COURSE OF H EARING FROM THE ASSESSEES SIDE THAT ALTHOUGH IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 BY WAY OF FORM NOS.1 & 2 BUT FORM(S)-3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THESE CASES THEREFORE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE ITS SETTLE MENT PLEAS, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON ITA NOS. 778, 779, 780 & 781/HYD/2019 :- 2 -: DATE. I FIND NO MERIT IN ASSESSEES ABOVE STATED CONTEN TION PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY FILED FO R SETTLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SE RVED IF THESE APPEALS ARE KEPT PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. I DISMISS THESE APPEA LS AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPE N FOR THE ASSESSEE TO FILE FOR REVIVAL OF ITS CORRESPONDING CASES IF THE SETTLEMENT BENEFIT IS DENIED TO IT FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 4. THESE ASSESSEES APPEALS ARE DISMISSED AS WITHDRA WN IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 02-03-2021 TNMM ITA NOS. 778, 779, 780 & 781/HYD/2019 :- 3 -: COPY TO : 1.THE SINGARENI CO-OPERATIVE CENTRAL STORES LIMITED , KOTHAGUDEM. C/O. M.ANANDAM & CO., CHARTERED ACCOUNTANTS, FLAT NO.7A, SURYA TOWERS, S.P.ROAD, SECUNDERABAD. 2.THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KHAMMAM. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.