DCIT, Circle-1(1), Hyderabad, Hyderabad V. APR Constructions Limited, Hyderabad, Hyderabad

ITA 804/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7316 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 15-04-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Assessee Lawyers: H SRINIVASULU
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 8 0 4 /H/20 1 7 A SSESSMENT Y EAR : 20 0 9 - 1 0 DY. COMMISSIONER OF INCOME - TAX , CIRCLE 1(1), HYDERABAD. VS. APR CONSTRUCTIONS LTD., HYDERABAD. PAN AAFCA 0502K (APPELLANT) (RESPONDENT) REVENUE BY: SHRI SUNIL KUMAR PANDEY ASSESSEE BY: S HRI H. SRINIVASULU DATE OF HEARING: 2 6 /0 3 /2021 DATE OF PRONOUNCEMENT: 05 / 0 4 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE REVENUE FOR AY 20 0 9 - 10 I S DIRECTED AGAINST CIT(A) - 1 , HYDERABADS ORDER DATED 11 / 0 1 /201 7 INVOLVING PROCEEDINGS U/S 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. DR SUBMITTED THAT SINCE THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WHICH IS ITA NO. 804 / H YD/ 20 1 7 M/S APR CONSTRUCTIONS LTD , HYDERABAD. : - 2 - : PLACED ON RECORD, REQUESTED THE BENCH TO PERMIT TO WITHDRAW REVENUES APPEAL. 3 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE REVENUE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THE ASSESSEE FOR TECHNICAL REASONS. 4 . IN THE RESULT, REVENUE S APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 5 TH APRIL , 20 2 1 . KV C OPY TO : 1 DCIT, CIRCLE 1(1), 8 TH FLOOR, C BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERAB AD. 2 M/S APR CONSTRUCTIONS LTD, 7 - 1 - 638, FLAT NO. 404, BHANU ENCLAVE, SUNDAR NAGAR, ERRAGADDA, HYDERABAD 38. 3 CIT(A) 1 , HYDERABAD 4 PR. CIT - 1 , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.