Sri Bhavani Ventures, Hyderabad V. DCIT, Circle-9(1), Hyderabad

MA 59/Hyd/2023

AI Insights

The case involves Sri Bhavani Ventures, the assessee, who filed a Miscellaneous Application requesting the recall of an earlier Tribunal order which had dismissed their appeals as withdrawn. The dismissal occurred while the assessee was in the process of finalizing a settlement under the 'Direct Tax Vivad Se Viswas Scheme-2020'. The assessee argued that they never withdrew the appeals, a fact not denied by the Revenue. The Tribunal acknowledged the oversight and the pending issuance of Form-3 at the time of the initial dismissal, leading to the decision to restore the appeals.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133340 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 03-08-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 22-06-2023
• Laws Referred To: Direct Tax Vivad Se Viswas Scheme-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT & SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER वि.आिे.सं / M.A. Nos. 58 & 59/Hyd/2023 (Arising out of ITA Nos. 225 & 226/Hyd/2016) (विर्धारण िर्ा / Assessment Years: 2007-08 & 2008-09) Sri Bhavani Ventures, Hyderabad [PAN : ACHFS8168E] Vs Deputy Commissioner of Income Tax, Circle-9(1), Hyderabad आिेदक / Applicant प्रत्‍यर्थी / Respondent Assessee by: Smt. S. Sandhya, AR Revenue by: Ms. Sheetal Sarin, DR Date of hearing: 04/08/2023 Pronouncement on: 04/08/2023 आदेश / ORDER PER K. NARASIMHA CHARY, JM: By way of this Miscellaneous Application, the assessee requested the Tribunal to recall the order dated 06/05/2021 in ITA Nos. 225 & 226/Hyd/2016 for the assessment years 2007-08 & 2008-09. 2. At the outset, learned AR submitted that when the settlement under ‘Direct Tax Vivad Se Viswas Scheme-2020’ was yet to be filainized as this Tribunal dismissed the appeal as withdrawn, but as a matter of fact, the assessee never withdrew the appeals. 3. There is no denial of this fact by the Revenue. M.A.Nos. 58 & 59/Hyd/2023 Page 2 of 3 4. Paragraph No. 3 of the Tribunal’s order dated 06/05/2021 clearly shows that the assessee prayed not to dismiss the appeals as withdrawn since the issuance of Form-3 was pending at that time. According to the learned AR, the application for settlement under ‘Direct Tax Vivad Se Viswas Scheme-2020’ was rejected by the Department and the assessee could not make any payment. 5. Vide paragraph No.3 of the said order, the Bench observed that it shall be very much open for the assessee to file for revival of the case, if the settlement benefit under the said scheme is denied to the assessee for any adequate reasons. 6. In these circumstances, we are of the considered opinion that the appeals have to be restored to file. Recording the same, we recall the order dated 06/05/2021 (supra) and post the appeals for hearing on 21/08/2023. No separate notice need be issued to the parties, since the date of hearing is announced at the open court. 7. In the result, both the Miscellaneous Applications filed by the assessee are allowed. Order pronounced in the open court on this the 4 th day of August, 2023. Sd/- Sd/- (RAMA KANTA PANDA) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER Hyderabad, Dated: 04/08/2023 TNMM M.A.Nos. 58 & 59/Hyd/2023 Page 3 of 3 Copy forwarded to: 1. Sri Bhavani Ventures, C/o. Sri S. Rama Rao, Advocate, Flat No. 102, Shriya’s Elegance, 3-6-643, Street No. 9, Himayat Nagar, Hyderabad. 2. Deputy Commissioner of Income Tax, Circle-9(1), Hyderabad. 3. Pr.CIT-7, Hyderabad. 4. DR, ITAT, Hyderabad. 5. GUARD FILE. TRUE COPY ASSISTANT REGISTRAR ITAT, HYDERABAD