SATEESH THOTA,HYDERABAD V. INCOME TAX OFFICER,WARD-9(4), HYDERABAD

ITA 589/HYD/2023

AI Insights

In the cases before the Income Tax Appellate Tribunal, Hyderabad, the assessees, including Sri Ganapathi Agro Industries, Sateesh Thota, Re sustainability Limited, VSoft Technologies Private Limited, and Tech Mahindra Limited, requested the withdrawal of their appeals. This request was based on their settlement of tax disputes under the Vivad Se Vishwas Scheme, 2024, for which they had received Form 2 from the competent authority. The Department of Revenue did not object to the withdrawal. Consequently, the Tribunal dismissed the appeals as withdrawn, allowing for the possibility of reinstatement if the scheme's application is later rejected.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 39455 (ITAT-HYDERABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Laws Referred To: Direct Tax Vivad Se Vishwas Scheme, 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SACHIN KUMAR; SACHIN KUMAR; M. NARMADA; SACHIN KUMAR; M. NARMADA
• Assessee Lawyers: M.V. JOSHI; S.LAKSHMI; MANJU PRASAD; LD; A. SRINIVAS; A.V.RAGHURAM
• Keywords: Search and seizure; Competent authority

Judgement Text

" आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B’ Bench, Hyderabad Before Shri Laliet Kumar, Judicial Member and Shri Manjunatha G., Accountant Member आ.अपी.सं /ITA No.140/Hyd/2021, (निर्धारण वर्ा/Assessment Year: 2016-17) Sri Ganapathi Agro Industries Nizamabad [PAN : ACFFS5514E] Vs. Income Tax Officer Ward-1 Nizamabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri M.V.Joshi,AR रधजस् व द्वधरध/Revenue by: Dr. Sachin Kumar,DR आ.अपी.सं /ITA No.589/Hyd/2023 (निर्धारण वर्ा/Assessment Year: 2015-16) Sateesh Thota Hyderabad [PAN : AGAPT4197K] Vs. Income Tax Officer Ward-9(4) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Ms.S.Lakshmi, AR (through hybrid mode) रधजस् व द्वधरध/Revenue by: Dr. Sachin Kumar,DR आ.अपी.सं /ITA-TP No.15/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2017-18) Re sustainability Limited (formerly known as Ramky Enviro Engineers Limited) Hyderabad [PAN : AAACR9626A] Vs. ACIT Central Circle-1(4) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri Manju Prasad, Ld.AR रधजस् व द्वधरध/Revenue by: Shri M.Narmada, CIT-DR 2 Sri Ganapathi Agro Industries and Others आ.अपी.सं /ITA No.637 & 638/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 and 2014-15) VSoft Technologies Private Limited Hyderabad [PAN : AABCV8868P] Deputy Commissioner of Income Tax Circle-17(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri A.Srinivas, AR रधजस् व द्वधरध/Revenue by: Dr.Sachin Kumar,DR आ.अपी.सं /ITA No.27/Hyd/2012 (निर्धारण वर्ा/Assessment Year: 2008-09) M/s Tech Mahindra Limited (Satyam Computer Services Limited, now merged with Tech Mahindra Ltd.) Hyderabad [PAN : AACCS8639Q] Asst.DIT (International Taxation)-II Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri A.V.Raghuram, AR रधजस् व द्वधरध/Revenue by: Ms.M.Narmada, CIT-DR सुिवधई की तधरीख/Date of hearing: 21/01/2025 घोर्णध की तधरीख/Date of Pronouncement: 21/01/2025 आदेश / ORDER PER. MANJUNATHA G., A.M: In the above captioned appeals, assessees vide letters of even date submitted a request for withdrawal of appeals on the ground that the assessee has settled the tax dispute under Vivad 3 Sri Ganapathi Agro Industries and Others Se Vishwas Scheme, 2024 and claimed that the competent authority has issued Form 2 under the Scheme. The learned counsels for the assessees further submitted that the appeal filed by the assessee may be dismissed with a liberty to reinstate the appeal, in case, for any reason, the application filed by the assessee under Vivad Se Vishwas Scheme, 2024 is rejected by the competent authority. 3. The Ld.DR present for the revenue did not raise any objection for withdrawal of the appeals filed by the assessees. 4. We have heard both the parties and considered the relevant applications filed by the assessees for withdrawal of the appeals. We find that the assessees have filed applications under Vivad Se Vishwas Scheme, 2024 and the competent authority has issued Form 2 and determined the total tax payable under the Direct Tax Vivad Se Vishwas Scheme, 2024. Since the assessees have settled the disputes under the Vivad Se Vishwas Scheme, 2024 and also filed letters for withdrawal of the appeals, we dismiss the appeals filed by the assessee as withdrawn. We have also given liberty to the assessees to file an application for reinstatement of appeal, in case for any reason, the application filed by the assessee under Vivad Se Vishwas Scheme, 2024 is rejected. 4 Sri Ganapathi Agro Industries and Others 5. In the result, appeals filed by the assessee are dismissed. Order pronounced in the Open Court on 21st January, 2025. Sd/- Sd/- (LALIET KUMAR) JUDICIAL MEMBER (MANJUNATHA G.) ACCOUNTANT MEMBER Hyderabad, dated 21st January, 2025 L.Rama, SPS 5 Sri Ganapathi Agro Industries and Others Copy to: S.No Addresses 1 Sri Ganapathi Agro Industries, 3-97/1, Jannepally Road, Ashok Farm, Nizamabad 2. Shri Sateesh Thota, 201, 14-113, Sri Taruni Nivas, Kodandaram Nagar, P& T Colony, Dilsukhnagar, Hyderabad 3. M/s Re sustainability Limited (formerly known as Ramky Enviro Engineers Limited), 13th Floor, Ramky Grandiose, Ramky Towers, Gachibowli, Hyderabad 4. M/s VSoft Technologies Private Limited, Dalls Centre, 3rd Floor, 83/1, Hyderabad Knowledge City, Raidurg, Serlingampally, Hyderabad 5. M/s Tech Mahindra Limited (Satyam Computer Services Limited, now merged with Tech Mahindra Ltd.), Tech Mahindra Infocity, Unit-12,Plot No.35 & 36, Madhapur, Hitech City Layout, Survey No.64, Hyderabad 6 The Income Tax Officer, Ward-1, Nizamabad 7 The Income Tax Officer, Ward-9(4), Hyderabad 8 The ACIT, Central Circle-1(4), Hyderabad 9 The Deputy Commissioner of Income Tax, Circle- 17(2), Hyderabad 10 The Asst.DIT (International Taxation)-II, Hyderabad 11 The Pr.CIT(Central), Hyderabad 12 The Pr.CIT / The Pr.CIT-5, Hyderabad 13 The DR, ITAT Hyderabad Benches 14 Guard File By Order "