Ajay Kumar (HUF), Hyderabad V. Income Tax Officer, Ward-8(2), Hyderabad

ITA 819/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0865 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 20-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI L AXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO S . 819, 820 & 822 /H/201 9 ASSESSMENT YEAR: 2015 - 16 1. AJAY KUMAR (HUF), HYDERABAD. (PAN AADHA 6000K) 2. NAVEEN KUMAR (HUF), HYDERABAD. (PAN AACHN 1057J) 3. RAMESH CHAND (HUF), HYDERABAD. (PAN AAEHR 8424F) VS. INCOME - TAX ODFICER, WARD 8(2), HYDERABAD. (APPELLANT S ) (RESPONDENT) ASSESSEE BY : SHRI SASHANK DUNDU FOR SHRI K.A. SAI PRASAD REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 08 /0 2 /2021 DATE OF PRONOUNCEMENT: 24 / 0 2 /2021 O R D E R PER BENCH: TH E S E ARE ASSESSEES APPEAL S FOR AY 2015 - 16 DIRECTED AGAINST THE C I T(A) - 1 , HYDERABAD S SEPARATE ORDER S, DATED I TA NO S . 819, 820 & 822 /HYD/1 9 S HRI AJAY KUMAR (HUF) AND OTHERS, HYD. : - 2 - : 22/01/2018 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE REQUES TED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEALS AS THE ASSESSEE S HA VE OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE S AS WITHDRAWN SINCE THE ASSESSEE S HA VE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE S AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE S ARE 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 I TA NO S . 819, 820 & 822 /HYD/1 9 S HRI AJAY KUMAR (HUF) AND OTHERS, HYD. : - 3 - : MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TI ME LIMIT PRESCRIBED UNDER THE ACT TO REINSTAT E THEIR APPEAL S . 4 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 24 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 2 3 SHRI AJAY KUMAR (HUF) SHRI NAVEEN KUMAR (HUF) SHRI RAMESH CHAND (HUF) C/O KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, SOWBHAGYA AVENUE, STREET 1, ASHOK NAGAR, HYDERABAD 500 020 4 ITO, WARD 8(2), SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR 3 C I T(A) - 1 , HYDERABAD 4 PR. CIT - 1 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE. I TA NO S . 819, 820 & 822 /HYD/1 9 S HRI AJAY KUMAR (HUF) AND OTHERS, HYD. : - 4 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER