Vishwas Agarwal, Hyderabad V. Income Tax Officer, Ward-8(2), Hyderabad

ITA 909/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9143 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 27-07-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 29-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y.V.S.T. SAI
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) SL. NO., ITA NO. & ASST. YEAR APPELLANT RESPONDENT 1. 909/HYD/2019 2015 - 16 SHRI VISHWAS AGARWAL, HYDERABAD. PAN ATCPA 4581D INCOME TAX OFFICER, WARD 8(2), HYDERABAD. 2. 910/HYD/2019 2015 - 16 SHRI VIDYADHAR AGARWAL HUF, HYDERABAD. PAN AACHV 3049Q - DO - 3. 911/HYD/2019 2015 - 16 SHRI RAKESHAGARWAL HUF, HYDERABAD. PAN AAEHR 8311P - DO - ASSESSEES BY : SHRI LAKSXMI NIWAS SHARMA. RESPONDENT BY : SHRI Y.V.S.T. SAI . (D.R) D ATE OF HEARING : 2 7.07 .2021 . DATE OF PRONOUNCEMENT : 06 .0 8 .2021 . O R D E R PER SMT. P. MADHAVI DEVI, J.M. : T HESE THREE APPEALS ARE FILED BY THE RESPECTIVE ASSESSE E S ARISING OUT OF THE COMMON ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 12 , HY DERABAD FOR THE ASSESSMENT YEAR 2015 - 16 . 2. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE OF THE RESPECTIVE ASSESSE E S SUBMITTED THAT THE ASSESSE E S DO NOT WANT TO PURSUE THE APPEALS AS THEY HAVE ALREADY FILED FORMS I & II UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME, 2020 AND 2 ITA NO S . 28 & 29 /HYD/2020 & 1655 & 2344 /HYD/2018 RECEIVE D FORM 3 FROM THE COMPETENT AUTHORITY . THEREFORE, CONSEQUENT TO THE SAME, THE ASSESSES DESIRES TO WITHDRAW THE APPEAL S BEFORE THE TRIBUNAL. HENCE IT WAS PLEADED, THAT THE APPEALS OF THE ASSESSE E S MAY BE TREATED AS WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD. AR S . 4 . AFTER HEARING BOTH THE PARTIES, ACCORDING TO THE REQUEST OF THE ASSESSE E S AND THEI R LD. AR, WE HEREBY ALLOW THE APPEALS OF THE ASSESSE E S TO BE WITHDRAWN. WE ALSO MAKE IT CLEAR THAT THE ASSESSEE S SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL WITHIN THE STIPULATED TIME AS PROVIDED UNDER THE ACT, IN ORDER TO REINSTATE THE APPEALS, IF THE I R APPLICATION S WITH RESPECT TO VIVAD SE VISHWAS SCHEME ARE REJECTED. 7. IN THE RESULT, APPEALS OF ASSESSE E S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH AUG., 2 021. SD/ - SD/ - (A. MOHAN ALANKAMONY) (SMT. P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 6 TH AUG., 2021. * REDDY GP 3 ITA NO S . 28 & 29 /HYD/2020 & 1655 & 2344 /HYD/2018 COPY TO : APPELLANTS. 1. SHRI VISHWAS AGARWAL, H.NO. 21 - 6 - 316, HIGHCOURT ROAD, CHANDRA CHOWK, GHANSI BAZAR, JHOOLA, HYDERABAD - 500002. 2. SHRI VIDYADHAR AGARWAL HUF, H.NO.21 - 6 - 316, HIGHCOURT ROAD, CHANDRA CHOWK, GHANSI BAZAR, JHOOLA, HYDERABAD - 500002. 3. SHRI RAKESH AGARWAL HUF, H.NO.21 - 6 - 316, HIGHCOURT ROAD, CHANDRA CHOWK, GHANSI BAZAR, JHOOLA, HYDERABAD - 500002. RESPONDENTS I TO, WARD 8(2 ), HYDERABAD. PR. C I T - 2 , HYDERABAD. CIT(APPEALS) - 12 , HYDERABAD. DR. ITAT, HYDERABAD. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.