DCIT, Central Circle-2(4), Hyderabad, Hyderabad v. Madhumathi Vyas, Hyderabad, Hyderabad

CO 17/HYD/2017 | 2008-2009
Pronouncement Date: 25-03-2021 | Result: Dismissed

Appeal Details

RSA Number 1722523 RSA 2017
Assessee PAN AEYPV2440K
Bench Hyderabad
Appeal Number CO 17/HYD/2017
Duration Of Justice 3 year(s) 10 month(s) 21 day(s)
Appellant DCIT, Central Circle-2(4), Hyderabad, Hyderabad
Respondent Madhumathi Vyas, Hyderabad, Hyderabad
Appeal Type Cross Objection
Pronouncement Date 25-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB-A
Tribunal Order Date 25-03-2021
Date Of Final Hearing 24-03-2021
Next Hearing Date 24-03-2021
Last Hearing Date 31-07-2018
First Hearing Date 14-12-2017
Assessment Year 2008-2009
Appeal Filed On 04-05-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA JUDICIAL MEMBER AND LAXMI PRASAD SAHU ACCOUNTANT MEMBER S.NO. ITA NO. AY APPELLANT RESPONDENT / CROSS OBJECTOR 01 & 02 163/H/2017 & C.O. NO. 16/H/2017 2008 - 09 DY. COMMISSIONER OF INCOME - TAX CIRCLE 2 ( 4 ) HYDERABAD. MOTILAL VYAS HYDERABAD. PAN AEYPV 2440 K 0 3 & 04 164/H/2017 & C.O. NO. 17/H/2017 2008 - 09 - DO - MADHUMATHI LAL VYAS HYDERABAD. PAN - AEYPV 2439Q REVENUE BY: S MT. S. PRAVEENA ASSESSEE BY: SHRI S. RAMA RAO DATE OF HEARING: 24 /0 3 /2021 DATE OF PRONOUNCEMENT: 25 / 0 3 /2021 O R D E R PER BENCH: T H E S E TWO APPEAL S FILED BY THE REVENUE FOR AY 2 008 - 09 AND THE CO S FILED BY THE ASSESSEES IN ITA NO. 163 & 164 /HYD/2017 RESPECTIVELY ARE DIRECTED AGAINST SEPARATE ORDERS OF CIT(A) - 12 HYDERABADS SEPARATE ORDER S BOTH DATED 3 0 / 0 9 /201 6 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT. ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER HYD. : - 2 - : 2. AT THE OUTSET LD. DR SUBMITTED BEFORE US THAT THE ASSESSEE S DESIRE TO AVAIL VIVAD SE VISWAS SCHEME AND THE ASSESSEE S COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME . H OWEVER HE ASSURED THE BENCH THAT THE FORM NO.1&2 AS WELL AS FORM NO. 3 SHALL BE FILED SHORTLY. 3 . HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE WE ARE INCLINED TO TREAT THE INSTANT APPEAL S OF THE REVENUE AS WELL AS COS OF THE ASSESSEES AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019 DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE L EARNED COUNSEL FOR THE RESPONDENT / ASSESSEE ON INSTRUCTIONS SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATIO N / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE WE DIR ECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER HYD. : - 3 - : 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019. ACCORDINGLY WE HEREBY DISMISS THE INSTANT APPEAL S OF THE REVENUE AS WELL AS COS OF THE ASSESSEE AS WITHDRAWN. HOWEVER WE ALSO MAKE IT CLEAR THAT IF THE SE CASE S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE THEN THE REVENUE/ ASSESSEE SHALL BE AT LIBERTY TO FILE MISC ELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR APPEAL S . IT IS ORDERED ACCORDINGLY. 4 . IN THE RESULT REVENUES APPEAL S AS WELL AS COS OF THE ASSESSEES ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD DATED : 25 TH MARCH 20 2 1 . KV ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER HYD. : - 4 - : `` C OPY TO : 1 DCIT CENTRAL CIRCLE 2(4) 6 TH FLOOR AAYAKAR BHAVAN BASHEERBAGH HYDERABAD 4. 2 3 MOTI LAL VYAS MADHUMATHI LAL VYAS 6 - 3 - 609/10/3 GIRIJA NIVAS ANAND NAGAR COLONY KHAIRATABAD HYDERABAD. 3 CIT( A ) 12 HYDERABAD 4 PR. CIT ( CENTRAL ) HYDERABAD. 5 ITAT DR HYDERABAD 6 GUARD FILE.