Viswabharathi Hospitals , Kurnool V. Asst. Commissioner of Income Tax, Circle-(1), Kurnool

ITA 935/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4487 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 03-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M DAYASAGAR
• Assessee Lawyers: S RAMA RAO
• Keywords: Revision of order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI P RASAD SAHU, ACCOUNTANT MEMBER ITA NO. 9 35 /H/20 19 A SSESSMENT Y EAR : 20 09 - 10 VISWA BHARATI HOSPITALS, KURNOOL. PAN A AATH 2633 N VS. ASST. COMMISSIONER OF INCOME - TAX , CIRCLE - 1, KURNOOL. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: S HRI M. DAYASAGAR DATE OF HEARING: 25 /0 5 /2021 DATE OF PRONOUNCEMENT: 25 / 0 5 /2021 O R D E R PER L.P. SAHU, AM : T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 09 - 10 IS DIRECTED AGAINST PR. CIT , KURNOOL CHARGE , KURNOOL S ORDER , DATED 27 / 03 /20 1 9 INVOLVING PROCEEDINGS U/S 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE ITA NO. 935/H/2019 / VISWA BHARATHI HOSPITALS, KURNOOL . : - 2 - : THERETO , WHICH IS PLACED ON RECORD AND THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH IS AP PEAL OF THE ASSESSEE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEI VED FORM(S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 5 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH MAY , 2021 . SD / - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 25 TH MAY , 20 2 1 . KV ITA NO. 935/H/2019 / VISWA BHARATHI HOSPITALS, KURNOOL . : - 3 - : C OPY TO : 1 VISWA BHARATHI HOSPITALS, 50 - 760 - A4, GAYATRI ESTATES, KURNOOL - 518002 2 ACIT, CIRCLE 1, KURNOOL 3 PR. CIT, KURNOOL 4 ADD. CIT , KURNOOL RANGE, KURNOOL . 5 ITAT, DR, HYDERABAD 6 GUARD FILE.