Bhaskara Enterprises, Hyderabad V. Dy. Commissioner of Income Tax , Circle-15(1), Hyderabad

MA 128/Hyd/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4321 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 29-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T. SUNIL GOUTAM
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” : HYDERABAD BEFORE SHRI RAMA KANTA PANDA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER M.A.No.128/Hyd./2021 Arising out of ITA.No.1512/Hyd./2019 Assessment Year 2013-14 Bhaskara Enterprises, Hyderabad. vs., The DCIT, Circle-15(1), Hyderabad. (Applicant) (Respondent) For Assessee : Shri P. Vinod, Advocate For Revenue : Shri T. Sunil Goutam, Sr. A.R. Date of Hearing : 13.05.2022 Date of Pronouncement : 17.05.2022 ORDER PER SHRI LALIET KUMAR, J.M. Through this Miscellaneous Application [“ M.A.” ] the assessee seeks permission for reinstatement of the order of the Tribunal dated 12.01.2021. 2. In the M.A. it was contended by the assessee that the assessee has opted for Vivad Se Vishwas Scheme, 2020 and filed the requisite Form Nos.1 and 2 before the Tribunal and Form No.3 was issued by the Designated Authority. 2 M.A.No.128/Hyd./2021 Bhaskara Enterprises, Hyderabad. However, since the assessee did not avail the benefits under VSVS and could not pay the amount determined in Form No.3 due to financial difficulties, then, such declaration filed under VSVS is deemed to be void. Therefore, it was prayed by the assessee that the appeal of the assessee may be restored and heard on merits. 3. The Learned D.R. had submitted that the M.A. filed by the assessee seeking for recall of the order of the Tribunal shall be dismissed because he could not avail the benefit under the scheme. 4. We have heard the rival arguments and perused the material available on record. Since the M.A. was filed within the period of limitation in terms of Judgment of Hon’ble Supreme Court in M.A.No.21 of 22 in M.A.No.665 of 2021, therefore, considering the extension of limitation period as provided by the Hon’ble Supreme Court the period for filing the M.A. is condoned in terms of the directions of the Hon’ble Supreme Court. 4.1. We have gone through the record, as is evident, that the Tribunal has dismissed the appeal of the assessee 3 M.A.No.128/Hyd./2021 Bhaskara Enterprises, Hyderabad. as ‘withdrawn’ vide order dated 12.01.2021 on account of the fact that assessee has approached the Department under Vivad Se Vishwas Scheme, 2020. However, liberty was granted by the Tribunal in the order that in case the application of the assessee filed under Vivad Se Vishwas Scheme failed on account of some reason or the other, then, the assessee can move an appropriate application for reinstatement of the appeal. In the light of the above, we find plausible reason for recalling of the order of the Tribunal dated 12.01.2021 and accordingly we allow the M.A. of the assessee. The Registry is directed to fix the appeal for hearing on 22.06.2022. Since the date is announced in the open Court no notice shall be sent to the parties. Accordingly, the M.A. of the assessee is allowed. 5. In the result, M.A. of the assessee allowed. Order pronounced in the open Court on 17.05.2022 Sd/- Sd/- [R.K.PANDA] [LALIET KUMAR] ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Date 17 th May, 2022. VBP/- 4 M.A.No.128/Hyd./2021 Bhaskara Enterprises, Hyderabad. Copy to 1. M/s. Bhaskara Enterprises, D.No.2-17-18/C, Plot No.9, Dharmapuri Colony, Near Sai Baba Temple, Uppal, Hyderabad – 500 039. 2. The Dy. CIT, Circle-15(1), Hyderabad. 3. The Ld. CIT(A)-7, Hyderabad. 4. The Pr. CIT-7, Hyderabad. 5. The DR, ITAT, Hyderabad “A” Bench, Hyderabad. 6. Guard File. //By Order// Asst. Registrar, ITAT, Hyderabad Benches Hyderabad.