Bhuvanesh Realtors Private Limited , Hyderabad V. Asst. Commissioner of Income Tax, Circle-1(2), Hyderabad

MA 67/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2601 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2016-2017
• Appeal Filed On: 20-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P. DINESH
• Assessee Lawyers: S. PHANINDRA A.V

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SRI S.S. GODARA, JUDICIAL MEMBER M.A. NO. 67/HYD/2021 (IN ITA NO. 1372/HYD/2019) A.Y. 2016 - 17 BHUVANESH REALTORS PRIVATE LIMITED, HYDERABAD. PAN AACCB 6202 A VS. ACIT, CIRCLE - 1(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY SRI S. PHANINDRA FOR A.V. RAGHURAM REVENUE BY SRI P. DINESH, DR DATE OF HEARING: 20/10/2021 DATE OF PRONOUNCEMENT: 26 /10/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE SEEKING RECALL OF THE TRIBUNALS ORDER PASSED IN ITA NO.1372/HYD/2019, DATED 15/03/2021. 2. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT THE APPEAL OF THE ASSESSEE IN ITA NO.1372/HYD/2019 WAS DISMISSED BY THE TRIBUNAL , ALONG WITH OTHER THREE APPEALS AT THE REQUEST OF THE ASSESSEE , ON THE GROUND THAT THE ASSESSEE HAS OPT ED TO AVAIL VIVAD - SE - VISHWAS SCHEME. 2 LD. AR FURTHER SUBMITTED THAT SINCE THE ASSESSEE DID NOT OPT FOR THE VIVAD - SE - VISHWAS SCHEME, THE ORDER OF THE TRIBUNAL DATED 15/03/2021 IN THE CASE OF THE ASSESSEE MAY BE RE CALLED AND THE APPEAL MAY BE ADJUDICATED ON MERITS. THE LD. DR DID NOT RAISE ANY S ERIOUS OBJECTION TO THE SUBMISSIONS OF THE LD. AR. 3. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF THE MATERIALS ON RECORD S , AND CONSIDERING THE FACT THAT THE ASSESSEE DID NOT OPT FOR VIVAD - SE - VISHWAS SCHEME AS INFORMED BY THE LD. AR, IN THE INTEREST O F JUSTICE, WE HEREBY RECALLED THE ORDER OF THE TRIBUNAL DATED 15/03/2021 IN THE CASE OF THE ASSESSEE BHUVANESH REALTORS PRIVATE LIMITED FOR THE A.Y. 2016 - 17 . ACCORDINGLY, THE REGISTRY IS HEREBY DIRECTED TO POST THE APPEAL FOR HEARING IN DUE COURSE AND INTIMATE BOTH THE PARTIES. IT IS ORDERED ACCORDINGLY. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER , 2021. SD/ - SD/ - (S.S. GODARA) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 26 TH OCTOBER , 2021. OKK 3 COPY TO: - 1) BHUVANESH REALTORS PRIVATE LIMITED, SY.NO.64, NCC HOUSE, MADHAPUR, HYDERABAD 500 081. 2) ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 1(2), 7 TH FLOOR, B - BLOCK, IT TOWERS, HYDERABAD - 500 004. 3) THE CIT(A) - 1, HYDERABAD. 4) THE PR. CIT - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE