ACIT, Circle-14(1), Hyderabad, Hyderabad v. Suresh Productions, Hyd, Hyderabad

ITA 681/HYD/2016 | 2005-2006
Pronouncement Date: 11-03-2021 | Result: Dismissed

Appeal Details

RSA Number 68122514 RSA 2016
Assessee PAN AAJFS7306J
Bench Hyderabad
Appeal Number ITA 681/HYD/2016
Duration Of Justice 4 year(s) 10 month(s)
Appellant ACIT, Circle-14(1), Hyderabad, Hyderabad
Respondent Suresh Productions, Hyd, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 11-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB-A
Tribunal Order Date 11-03-2021
Date Of Final Hearing 20-05-2021
Next Hearing Date 20-05-2021
Last Hearing Date 12-06-2018
First Hearing Date 29-03-2018
Assessment Year 2005-2006
Appeal Filed On 11-05-2016
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO. 681/HYD/2016 A.Y. 2005 - 06 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 14(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD - 500033. PAN: AAJFS 7306 J (APPELLANT) (RESPONDENT) C.O. NO. 43/HYD/2016 (IN ITA NO. 681/HYD/2016) A.Y. 2005 - 06 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 14(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD - 500033. PAN: AAJFS 7306 J (APPELLANT IN APPEAL) (CROSS - OBJECTOR) ITA NO. 682/HYD/2016 A.Y. 2006 - 07 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 14(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J (APPELLANT) (RESPONDENT) 2 C.O. NO. 44/HYD/2016 (IN ITA NO. 682/HYD/2016) A.Y. 2006 - 07 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 14(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J (APPELLANT IN APPEAL) (CROSS - OBJECTOR) ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI SUNIL KUMAR PANDEY. DATE OF HEARING: 08/03/2021 DATE OF PRONOUNCEMENT: 11 /03/2021 ORDER PER A. MOHAN ALANKAMONY A.M: THE CAPTIONED APPEALS ARE FILED BY THE REVENUE AND THE CROSS OBJECTIONS ARE FILED BY THE ASSESSEE. ALL THESE APPEALS ARISE OUT OF THE ORDERS OF THE LD. CIT(A) - 8 HYDERABAD IN APPEAL NOS. 0056 & 0057/CIT(A) - 8/HYD/2015 - 16 DATED 29/02/2016 P ASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE AYS 2005 - 06 & 2006 - 07 RESPECTIVELY. 3 2 . AT THE OUTSET LD.AR SUBMITTED BEFORE US THAT FOR BOTH THE AYS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME AND HAS FILED FORM NO.1 & 2 AND FO RM NO.3 IS ALSO ISSUED BY THE REVENUE. IT WAS THEREFORE PLEADED THAT THE APPEALS OF THE REVENUE AS WELL AS THE CROSS APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN . 3 . THE LD. DR SUBMITTED BEFORE US THAT IF THE APPEALS OF THE REVENUE ARE DISMISSED THEN LIBERTY MAY BE GRANTED TO REINSTATE THE APPEALS OF THE REVENUE IF THE APPLICATIONS FILED BY THE ASSESSEE FOR AVAILING THE BENEFIT UNDER VIVAD - SE - VISHWAS SCHEME ARE REJECTED BY THE REVENUE SUBSEQUENTLY. 4 . HAVING REGARD TO THE FACTS AND CIRCU MSTANCES OF THE CASES WE ARE INCLINED TO DISMISS THE APPEALS OF THE REVENUE SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME FOR THE A.Y. 2005 - 06 AND 2006 - 07 BY FILING FORM NO.1 & 2 AND HAS ALSO RECEIVED FORM NO.3 FROM THE REVENUE. H OWEVER WE ALSO MAKE IT CLEAR THAT IF THE ASSESSEES CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE THEN AS REQUESTED BY THE LD. DR THE REVENUE SHALL BE AT LIBERTY TO FILE MISCELLAN EOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL/S. IT IS ORDERED ACCORDINGLY. 4 5. WITH REGARD TO THE ASSESSEES CROSS OBJECTIONS SINCE WE HAVE DISMISSED THE REVENUES APPEALS CONSIDERING THE ASSESS EES REQUEST TO AVAIL VIVAD - SE - VISHWAS SCHEME BOTH THE CROSS OBJECTIONS FILED BY THE ASSESSEE DO NOT SURVIVE. 6. IN THE RESULT BOTH THE APPEALS OF THE REVENUE AS WELL AS BOTH THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN CO URT ON THE 11 TH MARCH 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD DATED: 11 TH MARCH 2021. OKK COPY TO: - 1) (I) M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. (II) SURESH PRODUCTIONS D.NO. 8 - 2 - 293/82/J/111/6 RAMANAIDU STUDIOS JUBILEE HILLS HYDERABAD 500 033. 2) (I) ASST. COMMISSIONER OF INCOME TAX CIRCLE - 14(1) 6 TH FLOOR C BLOCK R.NO. 635 IT TOWERS AC GUARDS HYDERABAD. 3) THE COMMISSIONER OF INCOME TAX - 8 HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 6 HYDERABAD. 5) THE DR ITAT HYDERABAD 6) GUARD FILE