Gokul Gems and Jewels Private Limited, Hyderabad V. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

ITA 849/Hyd/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3184 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 19-11-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S E APPEAL S FILED
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI D.S. SUNDERE SINGH, ACCOUNTANT MEMBER (THROUGH VIRTUAL CONFERENCE) I TA NO S . 848, 849 & 850 /HYD/20 1 8 ASSESSMENT YEAR S : 20 09 - 10, 2010 - 11 & 2011 - 12 GOKUL GEMS AND JEWELS PVT. LTD., HYDERABAD. PAN AA DCG 0272 G VS ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) DATE OF HEARING : 19 - 1 1 - 20 20 DATE OF PRONOUNCEMENT : 19 - 1 1 - 20 20 O R D E R PER D.S. SUNDER SINGH , A .M. : ALL THESE APPEALS FILED BY THE ASSESSEE ARE AGAINST THE COMMON ORDER OF CIT(A) 11 , HYDERABAD , DATED 21/12/2017 REL ATING TO AY S 2 009 - 10, 2010 - 11 AND 2011 - 12. 2. TH E S E APPEAL S FILED BY THE ASSESSEE W ERE TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 19/11/2020 AND BOTH THE PARTIES WERE HEARD. FOR ASSESSEE : SHRI K.C. DEVDAS FOR REVENUE : SHRI YVST SAI ITA NO S . 848 TO 850 /HYD /20 1 8 GOKUL GEMS AND JEWELS PVT. LTD. HYD. : - 2 - : 3. THE LD.AR FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL S FILED BY THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELAT ING TO THE TAX ARREARS FOR THE A.Y S . UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020. HE FURTHER SUBMITTED THAT AN APPLICATION TO THIS EFFECT HAS BEEN FILED BY THE ASSESSEE AND THAT THE ASSESSEE HAS ALSO RECEIVED FORM - 3. 4 . THE LD. DR HAS NO OBJECTION TO THE SAME. 5 . IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL S AS PR. CIT (CENTRAL), HYDERABAD HAS ISSUED FORM - 3. 6 . HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.Y S . ARE NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT (I.E. THE ASSESSEE) IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL S AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATE AS PER LAW. THE LD. DR FOR THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. ITA NO S . 848 TO 850 /HYD /20 1 8 GOKUL GEMS AND JEWELS PVT. LTD. HYD. : - 3 - : 7 . IN THE RESULT, THE APPEAL S OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER P RONOUNCED IN THE OPEN COURT ON 19 TH NOVEMBER , 20 20 . SD/ - SD/ - ( P. MADHAVI DEVI ) ( D.S. SUNDER SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 19 TH NOVEMBER , 20 20 . KV C OPY TO : 1. GOKUL GEMS & JEWELS PVT. LTD., D.NO. 4 - 5 - 172, HASMATHGUNJ, KOTI, HYDERABAD. 2. ACIT, CENTRAL CIRCLE 1(1), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3 . CIT(A) 11 , HYDERABAD. 4 . PR. CIT( CENTRAL ), HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6 . GUARD FILE.