R.K.Townships Private Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 941/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9313 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 31-12-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 11-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SANDHYA ARS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A & B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1535/HYD/16 2007-08 JBM RESORTS PVT. LTD HYDERABAD [PAN: AAACJ5142P] DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD 1123/HYD/17 2007-08 CHANDRA SEKHAR REDDY CHINTALA, MAHESHWARAM, RANGA REDDY DIST. [PAN: AENPC1863N] INCOME TAX OFFICER, WARD-8(2), HYDERABAD 941/HYD/18 2014-15 M/S.R.K.TOWNSHIP PROMOTERS PRIVATE LIMITED, HYDERABAD [PAN: AACCR3049K] DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD FOR ASSESSEE : SHRI K.C.DEVDAS & SMT. S.SANDHYA, ARS FOR REVENUE : SHRI SUNIL KUMAR PANDEY & SHRI ROHIT MUJUMDAR, DRS DATE OF HEARING : 30-12-2020 DATE OF PRONOUNCEMENT : 04-01-2021 O R D E R PER BENCH : THESE THREE ASSESSEES APPEALS ARE DIRECTED AGAINST DIFFERENT ORDERS OF THE COMMISSIONER OF INCOME TAX (A PPEALS) HYDERABAD, INVOLVING VARYING ASSESSMENT YEARS STATED H EREIN ABOVE. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH THEY HAV E FILED ITA NOS. 1535/H/16, 1123/H/17 & 941/H/18 :- 2 -: FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VIS WAS SCHEME-2020 BY WAY OF FORM NO.1 & 2 BUT FORM(S)-3 I S YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN ALL THESE CA SES THEREFROM IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THEIR SETTLEMENT PLEAS, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES ABOVE STATED CONTENTION PER SE. THE FACT REMAINS THAT THE ASSESSEES HAVE ALREADY FILED FOR SETTLEMENT BENEFIT AND THEREFORE , NO PURPOSE WOULD BE SERVED IF ALL THESE APPEALS ARE KEP T PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. WE DISMISS ALL THESE APPEALS AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR ALL THESE ASSESSEES TO FILE FOR REVIVAL OF THEIR CORRESPONDING CASES IF THE SETTLEMENT BENEFIT IS DENIED TO THEM FOR TECHNICAL REASON S. ORDERED ACCORDINGLY. 4. ALL THESE ASSESSEES APPEALS ARE DISMISSED AS WITH DRAWN IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACE D IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 4 TH JANUARY, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 04-01-2021 TNMM ITA NOS. 1535/H/16, 1123/H/17 & 941/H/18 :- 3 -: COPY TO : 1.JBM RESORTS PVT. LTD., C/O. SRI S.RAMA RAO, ADVOC ATE, FLAT NO.102, SHRIYAS ELEGANCE, 3-6-643, STREET NO. 9, HIMAYAT NAGAR, HYDERABAD. 2.CHANDRA SEKHAR REDDY CHINTALA, C/O.B.NARSING RAO & CO., CHARTERED ACCOUNTANTS, PLOT NO.554, ROAD NO.92 , JUBILEE HILLS, HYDERABAD. 3.M/S.R.K.TOWNSHIP PROMOTERS PRIVATE LIMITED, C/O.B.NARSING RAO & CO., CHARTERED ACCOUNTANTS, PLO T NO.554, ROAD NO.92, JUBILEE HILLS, HYDERABAD. 4.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD. 5.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD. 6.THE INCOME TAX OFFICER, WARD-8(2), HYDERABAD. 7.CIT(APPEALS)-2, HYDERABAD. 8.CIT(APPEALS)-10, HYDERABAD. 9.CIT(APPEALS)-3, HYDERABAD. 10.THE PR.CIT-2, HYDERABAD. 11.THE PR.CIT-7, HYDERABAD. 12.THE PR.CIT-3, HYDERABAD. 13.D.R. ITAT, HYDERABAD. 14.GUARD FILE.