Dy. Commissioner of Income Tax , Central Circle-1(1), Hyderabad V. Vinod Kumar Kimtee , Hyderabad

ITA 840/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6765 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 05-04-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 04-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Section: 143(3); 13; 153C; 12; 2

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 S . 838, 839 & 840 /H/2 0 1 8 A SSESSMENT Y EAR S : 20 12 - 13, 2013 - 14 & 2014 - 15 DY. COMMISSIONER OF INCOME - TAX , CENTRAL CIRCLE 1(1), HYDERABAD. VS. VINOD KUMAR KIMTEE, HYDERABAD. PAN A HAPK 4192N (APPELLANT) (RESPONDENT) REVENUE BY: SHRI YVST SAI ASSESSEE BY: S HRI K.C. DEVDAS DATE OF HEARING: 05 /0 4 /2021 DATE OF PRONOUNCEMENT: 06 / 0 4 /2021 O R D E R PER BENCH: T H E S E THREE APPEAL S FILED BY THE REVENUE FOR AY S 2 012 - 13 TO 2014 - 15 ARE DIRECTED AGAINST CIT(A) - 1 1 , HYDERABADS COMMON ORDER DATED 2 1 / 1 2 /201 7 INVOLVING PROCEEDINGS U/S 143(3) RWS 153C 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 ITA NO S . 838 TO 840 / H YD/ 20 1 8 VINOD KUMAR KIMITEE , HYDERABAD. : - 2 - : & 2 AND AWAITING TO RECEIVE FORM(S) - 3 IN TUNE THERETO , REQUESTED THE BENCH TO PERMIT TO WITHDRAW REVENUES APPEAL S . 3 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE REVENUE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND AWAITING TO RECEIVE FORM(S) - 3 IN TUNE THERETO , WITH A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 S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 6 TH APRIL , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 6 TH APRIL , 20 2 1 . KV ITA NO S . 838 TO 840 / H YD/ 20 1 8 VINOD KUMAR KIMITEE , HYDERABAD. : - 3 - : C OPY TO : 1 DCIT, CENTRAL CIRCLE 1(1), 7 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERAB AD. 2 SHRI VINOD KUMAR KIMITEE, D.NO. 4 - 5 - 172, HASMATHGUNJ, KOTI, HYDERABAD . 3 CIT(A) 1 1 , HYDERABAD 4 PR. CIT (CENTRAL) , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.