Essemm Fincap Limited , Hyderabad V. Income Tax Officer, Ward-17(2), Hyderabad

ITA 828/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4935 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.828/HYD//2019 ASSESSMENT YEAR:2011 - 12 ESSEMM FINCAP LIMITED, HYDERABAD. PAN: AAACE 8018 K VS. INCOME TAX OFFICER, WARD - 17(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 118/HYD/2017 ASSESSMENT YEAR: 2010 - 11 SRI KADARU NARASIMHA REDDY, SURYAPET 508 213. PAN: ACTPK 0496 K VS. INCOME TAX OFFICER, WARD - 1, SURYAPET. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI M.V. ANIL KUMAR REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 680/HYD/2019 ASSESSMENT YEAR: 2011 - 12 TINGRIKAR ABHISHEK, HYDERABAD. PAN: AEPPT 8911 G VS. JOINT COMMISSIONER OF INCOME TAX, RANGE - 7, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: SHRI ROHIT MUJUMDAR, DR 2 DATE OF HEARING: 01/02/2021 DATE OF PRONOUNCEMENT: 02 /02/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: ALL THE SE THREE APPEAL S ARE FILED BY THE ASSESSEE S, AGGRIEVED BY THE ORDER S OF THE RESPECTIVE LD. COMMISSIONER OF INCOME TAX (APPEALS), HYDERABAD . 2. ALL THE ABOVE MENTIONED ASSESSEES HAVE FILED WRITTEN SUBMISSIONS BEFORE US SEEKING WITHDRAWAL OF THEIR APPEALS AS THE Y HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT IS FURTHER SUBMITTED THAT THE ASSESSEE S HAVE FILED FORM NO.1 & 2 IN ALL THESE CASES AND ALSO RECEIVED FORM - 3 FROM THE REVENUE IN CERTAIN CASES . HENCE, IT IS PRAYED IN THE WRITTEN SUBMISSIONS THAT THE APPEAL S OF THE RESPECTIVE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN AND DISMISSED AS SUCH. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE ASSESSEE S AND THEIR COUNSELS. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD.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 RS AS THE ASSESSEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1, 2 IN ALL THE INSTANT CASES 3 AND IN SOME CASES THE ASSESSEES HAVE ALSO RECEIVED FORM NO - 3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. A RS. 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 - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE RESP ECTIVE 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 IR APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ALL THE ABOVE - MENTIONED APPEAL S OF THE ASSESSE E S ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPEN COURT ON THE SECOND FEBRUARY , 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 02 ND FEBRUARY , 2021. OKK COPY TO: - 1) (I) ESSEMM FINCAP LIMITED, PLOT NO. 22, NANDAGIRI HILLS, HUDA LAYOUT, ROAD NO.69, JUBILEE HILLS, HYDERABAD. (II) SRI KADARU NARASIMHA REDDY C/O. M. ANANDAM & CO., CHARTERED ACCOUNTANTS, 7A, SURYA TOWERS, S.P. ROAD, SECUNDERABAD. (III) TINGRIKARABHISHEK, PROP. MANIK WINES, D.NO. 13 - 6 - 690/3, KARWAN, ZIAGUDA, HYDERABAD 500 006. 4 2) INCOME TAX OFFICER, WARD - 17(2), 9 TH FLOOR, SIGNATURE TOWERS, NEAR BOTANIAL GARDEN, KONDAPUR, HYDERABAD. (II) INCOME TAX OFFICER, WARD - 1, SURYAPET. (III) JOINT COMMISSIONER OF INCOME TAX, RANGE - 7, SIGNATURE TOWERS , KONDAPUR, HYDERABAD 500 0084. 3) THE CIT(A) - 5 , HYDERABAD . (II) THE CIT (A) - 3, HYDERABAD. (III) THE CIT (A) - 12, HYDERABAD. 4) THE PR. CIT - 5 , HYDERABAD. (II) PR. CIT - 3, HYDERABAD. (III) THE PR. CIT - 3, HYDERABAD. ` 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE