Hippo Campus Service Station, Secunderabad V. Income Tax Officer, Ward-10(2), Hyderabad

ITA 855/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5871 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 25-05-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 22-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P MURALI MOHANA RAO
• Section: 147; 144

Judgement Text

1 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.483/HYD/2020 A.Y. 2009 - 10 SHASHANK SAGAR SIDDAM, HYDERABAD. PAN: BKKPS 8874 H VS. INCOME TAX OFFICER, WARD - 14(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P. MURALI MOHANA RAO REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 855/HYD/2019 A.Y. 2013 - 14 HIPPO CAMPUS SERVICE STATION, SECUNDERABAD. PAN: AAGFH 4990 N VS INCOME TAX OFFICER, WARD - 10(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI B. SHANTHI KUMAR REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 21/04/2021 DATE OF PRONOUNCEMENT: 26 /04/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: 2 BOTH THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEE S. ITA NO. 483/HYD/2020 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 6, HYDERABAD IN APPEAL NO. 10771/2018 - 19/A2/CIT(A) - 6, DATED 30/07/2020 PASSED U/S. 144 R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE A.Y. 2009 - 10. ITA NO. 855/HYD/2019 IS FILED AGAINST TH E ORDER OF THE LD. CIT(A) - 6, HYDERABAD IN APPEAL NO. 0071/2016 - 17/A3 CIT(A) - 6, DATED 4/3/2019 PASSED U/S. 144 R.W.S 250(6) OF THE ACT FOR THE A.Y. 2013 - 14. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT BOTH THE ASSESSEES DESIRE TO WITHDRAW THEIR RESPEC TIVE APPEALS AS THE ASSESSEES HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEES HAD FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEALS OF THE ASSESSEES MAY B E ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEALS OF THE ASSESSEES TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEES IN THE PRESENT APPEALS HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME B Y FILING FORMS NO.1, 2 AND ALSO RECEIVED FORM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS 3 BOTH THE APPEALS OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSE SSEE/S CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE/S SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO R EINSTATE THEIR RESPECTIVE APPEAL/S. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 26 TH APRIL, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 26 TH APRIL , 2021. OKK COPY TO: - 1) (I) SRI SHASHANK SAGAR SIDDAM C/O. P. MURALI & CO., CHARTERED ACCOUNTANTS, 6 - 3 - 655/2/3, SOMAJIGUDA, HYDERABAD. (II)M/S. HIPPO CAMPUS SERVICE STATION, 1 - 2 - 34, 103, S.P. ROAD, SECUNDERABAD. 2) (I) INCOME TAX OFFICER, WARD - 14(1), HYDERABAD. (II) INCOME TAX OFFICER, WARD - 10(2), 5A, INCOME TAX TOWERS, AC GUARDS, HYDERABAD. 3) THE CIT (A) - 6, HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 6, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE