Ushodaya Enterprises Private Limited, Hyderabad, Hyderabad V. DCIT, Circle-16(2), Hyderabad, Hyderabad

ITA 989/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5613 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 28-04-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 08-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANJALA SAHU
• Assessee Lawyers: CHAYANK
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.989/HYD/201 7 A.Y. 2008 - 09 USHODAYA ENTERPRISES PRIVATE LIMITED, HYDERABAD. PAN: AAACU 2690 P VS. DCIT, CIRCLE - 16(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI CHAYANK REVENUE BY: SMT. ANJALA SAHU, DR DATE OF HEARING: 28/04/2021 DATE OF PRONOUNCEMENT: 29 /04/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - V, HYDERABAD IN APPEAL NO. 0371/AC - 16(2)/CIT(A) - V/2010 - 11, DATED 18/11/2011 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2008 - 09. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED FORM 2 NO.1 & 2 AND AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND AWAITING TO RECEIVE FORM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO T HE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, TH EN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN THE OPEN COURT ON THE 29 TH APRIL, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 29 TH APRIL, 2021. OKK COPY TO: - 1) M/S. USHODAYA ENTERPRISES PRIVATE LIMITED, 6 - 3 - 570, EENADU COMPLEX, SOMAJIGUDA, HYDERABAD - 500 082. 2) THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 16(2), 2 ND FLOOR, B - BLOCK, INCOME TAX TOWERS, MASAB TANK, HYDERABAD. 3) THE CIT (A) - V, HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - V, HYDERABAD (II) CIT - IV, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE