The Citizen Co-operative Society Limited, Hyderabad, Hyderabad V. Addl.CIT, Range-9, Hyderabad, Hyderabad

ITA 945/Hyd/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6610 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2006-2007
• Appeal Filed On: 31-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SH RI VIJ A Y PA L R AO, JU DIC IA L MEMBER and LAXMI PR AS AD S AH U, A CCOUNT ANT ME MBER ITA No. 945/Hyd/2017 Assessment Year: 2006-07 The Citizen Cooperative Society Ltd., Hyderabad. PAN – AAAAT 3952F Vs. Vs. Addl. Commissioner of Income-tax, Range – 9, Hyderabad. (Appellant) (Respondent) Assessee by: Shri Ravi Bharadwaj Revenue by: Shri Rohit Mujumdar Date of hearing: 10/11/2021 Date of pronouncement: 10/12/2021 O R D E R PER L.P. SAHU: This appeal filed by the assessee for AY 2006-07 is directed against CIT(A) – 7, Hyderabad, order, dated 05/10/2016 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”. 2. At the outset, the ld. AR of the assessee submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed ITA No. 945/Hyd/2017 M / s T h e C i t i z e n C o-o p e r a t i v e S o c i e t y L t d . , Hy d e r a b a d . :- 2 -: Form No.1 & 2 and received Form(s)-3 in tune thereto and, therefore, requested the Bench to permit to withdraw the appeal of the assessee. 3. Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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. In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 10 th December, 2021. Sd/- Sd/- (VIJAY PAL RAO) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 10 th December, 2021. kv ITA No. 945/Hyd/2017 M / s T h e C i t i z e n C o-o p e r a t i v e S o c i e t y L t d . , Hy d e r a b a d . :- 3 -: copy to : 1 M/s The Citizen Co-operative Society Ltd., 11-7-194, Citizen House, HUDA Colony, Saroornagar, Hyderabad – 500035. 2 Add. CIT, Range – 9, IT Towers, Hyderabad. 3 CIT(A) – 7, Hyderabad 4 Pr. CIT – 7 , Hyderabad 5 ITAT, DR, Hyderabad 6 Guard File.