CSR Infratech India Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(2), Hyderabad

ITA 896/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9177 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 25-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 896/HYD/2019 ASSESSMENT YEAR: 2014-15 CSR INFRATECH INDIA PRIVATE LIMITED, HYDERABAD [PAN: AAECC3122E] VS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S.RAMA RAO, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 22-03-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2014-15 ARISES FROM TH E CIT(A)-1, HYDERABADS ORDER DATED 18-03-2019 PASSED IN APPEAL NO.0230/2017-18/DCIT-1(2),HYD/CIT(A)-1/HYD/2 018- 19, IN PROCEEDINGS U/S.143(3) R.W.S.147 OF THE INCOM E TAX ACT, 1961 [IN SHORT, THE ACT]. 2. WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT HE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 IN PRESC RIBED FORM NO.1 & 2 AND FORM(S)-3 IN TUNE THERETO; ALSO STAN DS ISSUED. ITA NO. 896/HYD/2019 :- 2 -: 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THIS CASE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TU NE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THIS APPEAL M AY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MER IT IN ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM(S)-3, NO PURP OSE WOULD BE SERVED IF THIS CASE IS KEPT PENDING. WE THEREFORE O RDER THAT THIS APPEAL BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THIS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 4. THIS APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TE RMS. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL ME MBER HYDERABAD, DATED: 22-03-2021 TNMM ITA NO. 896/HYD/2019 :- 3 -: COPY TO : 1.CSR INFRATECH INDIA PRIVATE LIMITED, FLAT NO.501, PJR ARCADE, PLOT NO.129/A, SAI NAGAR COLONY, KUKATPALLY , HYDERABAD. 2.THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2 ), HYDERABAD. 3.CIT(APPEALS)-1, HYDERABAD. 4.PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.