Sri B. Rajeswar Rao, Hyderabad V. ACIT, Central Circle-1, Hyderabad

MA 39/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0604 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-09-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROHIT MUJUMDARDR
• Section: 254(2)

Judgement Text

MA NOS 38 AND 39 OF 2020 B RAJESWAR RAO HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.A. NOS 38 & 39/HYD/2020 (ARISING OUT OF ITA NOS.1141 & 1143/HYD/2011) ASSESSMENT YEARS:2007-08 & 2009-10 SHRI B RAJESWAR RAO HYDERABAD PAN:AEUPB6934J VS. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. S. SANDHYA REVENUE BY : SRI ROHIT MUJUMDAR,DR DATE OF HEARING: 05/02/2021 DATE OF PRONOUNCEMENT: 16/02/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THESE ARE THE M.A.S FILED BY THE ASSESSEE SEEKING R ECALL OF THE ORDER OF THE TRIBUNAL, DATED 4.12.2019. THES E M.AS ARE FILED BEYOND THE TIME LIMIT AS PRESCRIBED U/S 254(2) OF T HE I.T. ACT AND THE ASSESSEE HAS FILED THE APPLICATIONS FOR CONDONA TION OF DELAY. HOWEVER, VIDE LETTER DATED 4.2.2021, THE ASSESSEES COUNSEL HAS SUBMITTED AS UNDER: PETITION REQUESTING PERMISSION FOR WITHDRAWAL OF M ISC. APPLICATION: THE ABOVE MENTIONED M.A FOR THE A.YS 2007-08 & 2009 -10 ARE POSTED FOR HEARING ON 5.2.2021. IN THIS REGARD, IT IS HUMBLY SUBMITTED THAT THE ASSESSEE SOUGHT AMNESTY UNDER VIVAD SE VISHWAS ACT, 2020. FORM NO.3 ISSUED BY THE DESIGNATED AUTHORITY IS ANNEXED TO THIS LETTER. IT IS, THEREFORE, REQUESTED TO KINDLY PERMIT THE ASSESSEE TO WITHDRAW THE M.A FILED. MA NOS 38 AND 39 OF 2020 B RAJESWAR RAO HYDERABAD PAGE 2 OF 2 2. AFTER HEARING BOTH THE PARTIES, ACCORDING TO THE REQUEST OF THE ASSESSEE AND ITS LD. AR, WE HEREBY ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN. WE ALSO MAKE IT CLEAR THA T THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL WITHIN THE STIPULATED TIME AS PROVIDED UNDER THE ACT, IN ORDER TO REINSTA TE THE APPEAL, IF THE APPLICATION WITH RESPECT TO VIVAD SE VISHWAS SC HEME IS REJECTED. 3. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED A S WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 16 TH FEBRUARY, 2021. VINODAN/SPS COPY TO: 1 SRI B. RAJESWARA RAO, 10-29-37 VINAYAK NAGAR, BAL ANAGAR, HYDERABAD 2 ACIT, CENTRAL CIURCLE-1 HYDERABAD 3 CIT (A)-I HYDERABAD 4 CIT (CENTRAL) HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER