B. Surender Reddy , Hyderabad V. Income Tax Officer, Ward-15(1), Hyderabad

ITA 786/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0793 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2008-2009
• Appeal Filed On: 27-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 201; 147; 144

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 . 786 /H/201 8 ASSESSMENT YEAR: 20 0 8 - 0 9 B. SURENDER REDDY , HYDERABAD. PAN A GTPB 7276 N VS. INCOME - TAX OFFICER, WARD 15(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PAWAN CHAKRAPANI FOR SHRI T. CHAITANYA KUMAR REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 6 /0 2 /2021 DATE OF PRONOUNCEMENT: 25 / 0 2 /2021 O R D E R PER BENCH: TH IS ASSESSEES APPEAL FOR AY 20 0 8 - 0 9 IS DIRECTED AGAINST THE C I T(A) 7, HYDERABAD S ORDER , DATED 16 / 11 / 201 7 PASSED IN CASE NO. 0231 / CIT(A) 7 /201 6 - 17 INVOLVING PROCEEDINGS U/S 14 4 RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO . 786 / HYD/1 8 B. SURENDER REDDY, HYDERABAD. : - 2 - : 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE REQUES TED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND FORM 3 IS ISSUED BY THE REVENUE. 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 HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM - 3 IS ISSUED BY THE REVENUE . ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE IS 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 REIN STAT E HI S APPEAL. I TA NO . 786 / HYD/1 8 B. SURENDER REDDY, HYDERABAD. : - 3 - : 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 25 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 B. SURENDER REDDY, T. CHAITANYA KUMAR, ADVOCATE, FLAT NO. 102, GOWRI APTS., URDU LANE, HIMAYATHNAGAR, HYDERABAD. 2 ITO, WARD 15(1) , HYDERABAD. 3 C I T(A) - 7 , HYDERABAD 4 PR. CIT - 7 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.