Sama Srinivas Reddy, Hyderabad V. Income Tax Officer, Ward-9(1), Hyderabad

ITA 791/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0836 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 3 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: 2009-2010
• Appeal Filed On: 27-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA SHRI V M MAHIDHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 791/HYD/2018 ASSESSMENT YEAR: 2009-10 SRI SAMA SRINIVAS REDDY, HYDERABAD [PAN: ASAPS6729A] VS THE INCOME TAX OFFICER, WARD-9(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SMT.S.SANDHYA, AR FOR REVENUE : SMT. N.SWAPNA FOR SHRI V.M.MAHIDHAR , DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 02-03-2021 O R D E R THIS ASSESSEES APPEAL FOR AY.2009-10 ARISES FROM TH E CIT(A)-7, HYDERABADS ORDER DATED 20-02-2018 PASSED IN APPEAL NO.0520/CIT(A)-7/2016-17, IN PROCEEDINGS U/S .143(3) R.W.S.254 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE A CT]. 2. I AM INFORMED DURING THE COURSE OF HEARING FROM TH E ASSESSEES SIDE THAT HE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 IN PRESC RIBED FORM NO.1 & 2 AND FORM(S)-3 IN TUNE THERETO; ALSO STAN DS ISSUED. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THIS CASE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TU NE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THIS APPEAL M AY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. I FIND NO MERI T IN ITA NO. 791/HYD/2018 :- 2 -: ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM(S)-3, NO PURP OSE WOULD BE SERVED IF THIS CASE IS KEPT PENDING. I THEREFORE OR DER THAT THIS APPEAL BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THIS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HIM FOR TECHNICAL REASONS. 4. THIS APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TE RMS. ORDER PRONOUNCED IN THE OPEN COURT ON THE 2 ND MARCH, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 02-03-2021 TNMM ITA NO. 791/HYD/2018 :- 3 -: COPY TO : 1.SRI SAMA SRINIVAS REDDY, H.NO.8-6-134/3, FCI COLO NY, VANASTALIPURAM, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-9(1), HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.