Subhash Kumar Kedia, Hyderabad V. Asst. Commissioner Of Income Tax Central Circle-3(1), Hyderabad

MA 91/Hyd/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5307 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-01-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 29-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T. SUNIL GOUTAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SH RI A. MO HAN AL ANK AMONY, A CCOUNT ANT ME MBER and SHR I S ATBE ER SING H GODARA , JU DI CI A L MEMBER M.A. No. 91/Hyd/2021 (in ITA No. 707/H/2021 Assessment Year: 2015-16) Subhash Kumar Kedia, Hyderabad. PAN – AFVPK8915Q Vs. Asst. Commissioner of Income-tax, Central Circle – 3(1), Hyderabad. (Appellant) (Respondent) Assessee by: Shri P. Murali Mohan Rao Revenue by Shri T. Sunil Goutam Date of hearing: 21/01/2022 Date of pronouncement: 24/01/2022 O R D E R SHRI A. MOHAN ALANKAMONY, A.M.: This Miscellaneous Application is filed by the assessee seeking recall of the order of the Tribunal dated 16/07/2021 in ITA Nos. 706 & 707/Hyd/2020 wherein the Tribunal dismissed the appeals of the assessee on the ground that the assessee has availed the benefits of VSVS Scheme. M.A No. 91/Hyd/2021 S u b h a s h K u m a r K e d i a , Hy d . :- 2 -: 2. In the MA, inter-alia, the assessee has stated that owing to financial constraints, the assessee is not in a position to pay taxes as per Form 3 of Vivad Se Vishwas Scheme, 2020 and hence, his request stands rejected. He, therefore, requested the Hon’ble ITAT to reinstate the appeal in ITA No. 707/Hyd/2020 for AY 2015-16 before the ITAT. 3. Referring to the above, the ld. AR of the assessee submitted that since the assessee has not availed the benefits of VSVS scheme, he requested the order of the Tribunal dated 16/07/2021 may be recalled and the appeal be adjudicated on merits. 4. We have heard both the parties and perused the material on record. In the said order dated 16/07/2021, the Tribunal at para 3 observed as under: “After hearing both the parties, we dismiss the appeals of the assessee w ith a liberty to approach the Tribunal if the assessee’s cases are not accepted in the Direct Taxes Vivad Se Vishwas Scheme by the Rev enue for whatsoever may be the reason, then the assessee shall be at liberty to f ile Miscellaneous A pplication before the Tribunal w ithin the time limit prescribed under the Act to reinstate assessee’s appeals. Ordered accordingly.” 4.1 In view of the above observations, we are of the view that the since the assessee has not availed VSVS Scheme due to the reasons cited supra, we recall the order dated 16/07/2021 and direct the Registry to fix the appeal for M.A No. 91/Hyd/2021 S u b h a s h K u m a r K e d i a , Hy d . :- 3 -: hearing in due course of time for deciding the appeal on merits, by issuing the notice of hearing to the parties. 5. In the result, MA filed by the assessee is allowed, in above terms. Pronounced in the open court on 24 th January, 2022. Sd/- Sd/- (SATBEER SINGH GODARA) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 24 th January, 2022 kv copy to : 1 Shri Subhash Kumar Kedia, C/o P. Murali & Co., CAs, 6-3-655/2/3, 1 st Floor, Somajiguda, Hyderabad – 82 6 ACIT, Central Circle – 3(1), Hyderabad 7 CIT(A) – 11, Hyderabad 8 Pr. CIT(Central), Hyderabad. 9 ITAT, DR, Hyderabad 10 Guard File.