Achini Sampath, Hyderabad V. Income Tax Officer, Ward-5(1), Hyderabad

ITA 873/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7654 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 17-03-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 07-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO.872/HYD/2018 A.Y. 2014 - 15 ACHINI NAVEEN, HYDERABAD. PAN: AUJPA 3033 A VS. INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI AKSHAY SURANA REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 873/HYD/2018 A.Y. 2014 - 15 ACHINI SAMPATH HYDERABAD. PAN: BCSPA 7786 A VS. INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI AKSHAY SURANA REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 147/HYD/2020 A.Y. 2007 - 08 SWATHI PROMOTERS PRIVATE LIMITED, HYDERABAD. PAN: AAJCS 9335 A VS. DCIT, CIRCLE - 3(2), HYDERABAD. (APPELLANT) (RESPONDENT) 2 ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 2229/HYD/2018 A.Y. 2015 - 16 VEERAT FINANCE INVESTMENT LIMITED, HYDERABAD. PAN: AABCV 9151 F VS. INCOME TAX OFFICER, WARD - 17(3), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 997/HYD/2019 A.Y. 2013 - 14 ALOK KUMAR JAIN, HYDERABAD. PAN: AFAPT 8476 J VS. INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SHASHANK DUNDU FOR MR. K.A. SAI PRASAD REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 0 8 /03/2021 DATE OF PRONOUNCEMENT: 16 /03/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: ALL T HE CAPTIONED APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDERS OF THE LD. CIT (A), HYDERABAD. 3 2. AT THE OUTSET, LD. AR S OF THE RESPECTIVE ASSESSEES SUBMITTED BEFORE US THAT ALL THE ASSESSEE S DESIRE TO WITHDRAW THEIR RESPECTIVE APPEAL S AS THE ASSESSEE S HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. THE LD. ARS FURTHER SUBMITTED THAT IN ALL THE CASES, THE ASSESSEE S HA D FILED FORM NO.1 & 2 AND A LSO RECEIVED FROM NO.3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEAL S OF THE ASSESSEE S MAY BE 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, W E ARE INCLINED TO ALLO W THE PRESENT APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A RS AS THE ASSESSEES IN THE PRESENT CASES BEFORE US HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND ALSO RECEIVED FROM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. ARS. A CCORDINGLY, WE HEREBY DISMISS ALL THE INSTANT APPEAL S OF THE ASSESSEES BEFORE US AS WITHDRAWN. HOWEVER, WE A LSO 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 RESPECTIVE ASSESSEE /S SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION /S BEFORE THE 4 TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR RESPECTIVE APPEAL /S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH MARCH , 2021. OKK COPY TO: - 1) (I) ACHINI NAVEEN, 4 - 5 - 562 TO 572, BADI CHOWDI, SULTAN BAZAR, HYDERABAD - 27 . (II) ACHINI SAMPATH, 4 - 5 - 562 TO 572, BADI CHOWDI, SULTAN BAZAR, HYDERABAD - 27. (III) M/S. SWATHI PROMOTERS (P) LTD, D.NO. 7 - 2 - 1813/5/A/1, FLAT NO. 402, 4 TH FLOOR, WEST WING, SVSS NIVAS, SANATH NAGAR, HYDERABAD. (IV) M/S. VEERAT FINANCE INVESTMENT LIMITED, PLOT NO. 127 AND 128, LAKE VIEW PLAZA, AMAR CO - OPERATIVE SOCIETY, MADHAPUR, HYDERABAD 33. (V) ALOK KUMAR JAIN, C/O. KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD. 2) (I) INCOME TAX O FFICER, WARD - 5(1), HYDERABAD. (II ) THE DCIT, CIRCLE - 3(2), SIGNATURE TOWERS, GACHIBOWLI, MIYAPUR ROAD, KONDAPUR, HYDERABAD. (III) THE INCOME TAX OFFICER, WARD - 17(3), HYDERABAD. (IV) INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. 3) (I) THE CIT (A) - 4, HYDERABAD. (II) THE CIT (A) - 7, KOLKAT. (III) THE CIT (A) - 5, HYDERABAD. 5 (IV) THE CIT (A) - 4, HYDERABAD. 4) (I) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD. (II) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, KOLKATA. (III) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 5, HYDERABAD. (IV) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE