Saket Engineers Pvt.Ltd., Hyd, Hyderabad V. JCIT(OSD), Circle-3(1), Hyd, Hyderabad

ITA 80/HYD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1451 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 08-02-2021
• Assessment Year: 2006-2007
• Appeal Filed On: 21-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P JITENDER KUMAR

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 80/HYD/2016 A.Y. 2006 - 07 M/S. SAKET ENGINEERS PRIVATE LIMITED, HYDERABAD. PAN: AAFCS 3079 K VS JOINT COMMISSIONER F INCOME TAX (OSD), CIRCLE - 3(1), AC GUARDS, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P. JITENDER KUMAR REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 2130/HYD/2018 A.Y. 2014 - 15 ACIT, CIRCLE - 1(1), HYDERABAD. VS UMESH GUPTA, HYDERABAD. PAN: ABKPG 3528 L (APPELLANT) (RESPONDENT) ORDER PER A. MOHAN ALANKAMONY, AM BOTH THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE LD. CIT(A), HYDERABAD IN APPEAL NO. 0174/2015 - ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 0 9 /02/2021 DATE OF PRONOUNCEMENT: 10 /02/2021 2 16/CIT(A) - 5, DATED 30/10/2015 IN THE CASE OF M/S. SAKET ENGINEERS PRIVATE LIMITED AND APPEAL NO. 0403/CIT(A) - 1/HYD/2016 - 17/2018 - 19, DATED 28/08/2018 IN THE CASE OF SRI UMESH GUPTA FOR THE AYS 2006 - 07 AND 2014 - 15 RESPECTIVELY. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE S DESIRE S TO WITHD RAW THEIR APPEAL S AS THE ASSESSEE S HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE S HA D FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL S OF THE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE PARTIES TH ROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE . THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF ANY OF THE ASSESSEE / S CASE S ARE NOT ACCEPTED IN THE VIVAD - SE - V ISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE RESPECTIVE 3 ASSESSEE / S SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. PRONOUNCED IN THE OPEN COURT ON THE TENTH OF FEBRUARY, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 10 TH FEBRUARY, 2021. OKK COPY TO: - 1. (I) M/S. SAKET ENGINEERS PRIVATE LIMITED, 1 - 31/A, SAKET, KAPRA, ECIL, HYDERABAD. (II) SRI UMESH GUPTA, 4 - 3 - 72/1/15, KS LANE, SULTAN BAZAR, HYDERABAD - 500 029. 2. (I) JOINT COMMISSIONER OF INCOME TAX (OSD), CIRCLE - 3(1), AC GUARDS, HYDERABAD. (II) DDCIT, CIRCLE - 1(1), R.NO. 836, 8 TH FLOOR, CIT(A) - BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) - 5, HYDERABAD. (II) THE CIT (A ) - 1, HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 5, HYDERABAD. (II) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE