Mohammed Fareed Khan, Hyderabad , Hyderabad v. Income Tax Officer, Interantional Taxation-II, , Hyderabad

ITA 1579/Hyd/2017 | 2012-2013
Pronouncement Date: 25-03-2021 | Result: Dismissed

Appeal Details

RSA Number 157922514 RSA 2017
Assessee PAN AKBPM9517F
Bench Hyderabad
Appeal Number ITA 1579/Hyd/2017
Duration Of Justice 3 year(s) 6 month(s) 13 day(s)
Appellant Mohammed Fareed Khan, Hyderabad , Hyderabad
Respondent Income Tax Officer, Interantional Taxation-II, , Hyderabad
Appeal Type Income Tax Appeal
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 28-06-2018
First Hearing Date 12-10-2020
Assessment Year 2012-2013
Appeal Filed On 12-09-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA JUDICIAL MEMBER AND LAXMI PRASAD SAHU ACCOUNTANT MEMBER ITA NO. 754 /H/201 8 A SSESSMENT Y EAR : 20 1 4 - 1 5 CHANDRA MULE MOHAN REDDY HYDERABAD. PAN A KBPM 9517F VS. DY. COMMISSIONER OF INCOME - TAX CIRCLE 1 1 (1) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MOHD. AFZAL REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 8 /0 3 /2021 DATE OF PRONOUNCEMENT: 25 / 0 3 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 1 2 - 1 3 IS DIRECTED AGAINST CIT( INT ERNATIONA L TAXATION & TRANSFER PRICING ) HYDERABADS ORDER DATED 31 / 0 3 /201 7 INVOLVING PROCEEDINGS U/S 263 OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT. ITA NO. 1579 /HYD/ 20 1 7 MO HAMMED FAREED KHAN HYD. : - 2 - : 2. AT THE OUTSET LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT TH E ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME HOWEVER HE ASSURED THE BENCH THAT THE FORM NO.1&2 SHALL BE FILED SHORTLY. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME 2020 THE REVENUE HAS NO O BJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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 I N T.C.A. NO. 694 OF 2019 DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE ON INSTRUCTIONS SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME F OR BREVITY) AND IN THIS REGARD THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / 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 DECLARAT ION 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 ITA NO. 1579 /HYD/ 20 1 7 MO HAMMED FAREED KHAN HYD. : - 3 - : APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION O F 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 DIRECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 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 OF THE ASSESSEE AS WITHDRAWN. HOWEVER WE ALSO MAKE IT CLEAR THAT IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WIT HIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE HIS APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT ASSESSEES APPEAL IS 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. 1579 /HYD/ 20 1 7 MO HAMMED FAREED KHAN HYD. : - 4 - : C OPY TO : 1 SHRI MOHAMMED FAREED KHAN C/O MOHD. AFZAL ADVOCATE 11 - 5 - 465 SHERSON S RESIDENCY FLAT NO. 402 CRIMINAL COURT ROAD RED HILLS HYDERABAD 500 004. 2 I T O INTERNATIONAL TAXATION II AAYAKAR BHAVAN HYDERABAD . 3 CIT( IT & TP ) HYDERABAD 4 THE ADD L. CIT (IT) HYDERABAD. 5 ITAT DR HYDERABAD 6 GUARD FILE.