Income Tax Officer, Ward-15(3), Hyderabad. Sreerala Sriramulu Sagar., Secunderabad.

IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCH “B”, HYDERABAD
(Through Virtual Hearing)

BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER
AND
SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER

ITA No. 1254/Hyd/2017
A.Y. 2014-15

Income Tax Officer,
Ward-15(3),
Hyderabad.
PAN: AVKPS 6678 R
(Appellant) 

Vs. 

Sreerala Sriramulu
Sagar,
Secunderabad.
(Respondent)

Assessee by: Shri Pawan Kumar Chakrapani
Revenue by: Shri Rohit Mujumdar

Date of hearing: 29/04/2021
Date of pronouncement: 03/05/2021

ORDER

PER A. MOHAN ALANKAMONY, A.M:

This appeal is field by the Revenue against the order of the Ld. CIT(A)-7, Hyderabad in appeal No. 09/CIT(A)-7/2016-17, dated 22/03/2017 passed U/s. 144 r.w.s 250(6) of the Act for the A.Y. 2014-15.

2. At the outset, Ld. AR submitted before us that the assessee has opted to avail ‘Vivad Se Viswas’ scheme in the appeal of the Revenue. The Ld. AR further submitted that the assessee had filed Form No.1 &  

2 and also received Form-3 from the Revenue. It was therefore pleaded, that the instant appeal of the Revenue may be dismissed.

3. The Ld. DR submitted before us that the Department has no objection if the assessee desires to opt Vivad-se-Vishwas Scheme. He further submitted that if the appeal of the Revenue is to be dismissed then liberty may be granted to reinstate the present appeal of the Revenue if the application filed by the assessee for availing the benefit under Vivad-se-Vishwas scheme is not accepted by the Revenue subsequently.

4. Having regard to the facts and circumstances of the case, We are inclined to dismiss the appeal of the Revenue since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and also received Form-3 from the Revenue. Accordingly, We hereby dismiss the instant appeal of the Revenue. However, We also make it clear that, if the assessee’s case is not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the Revenue, as requested by the Ld. D.R, shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal. It is ordered accordingly.

5. In the result, appeal of the Revenue is dismissed.

Pronounced in the open Court on the 03rd May, 2021.

 Sd/-                                          Sd/-
(P. MADHAVI DEVI)                 (A. MOHAN ALANKAMONY)
JUDICIAL MEMBER                ACCOUNTANT MEMBER

Hyderabad, Dated: 03rd May, 2021.
OKK

Copy to:-
1) Sri Sreerala Sriramulu Sagar, H.No. 12-13-1152/3, Tarnaka,Secunderabad.
2) Income Tax Officer, Ward-15(3), R.No. 546, 5th Floor, D-Block,IT Towers, A C Guards, Masab Tank, Hyderabad.
3) The CIT (A)-7, Hyderabad.
4) The Pr. CIT-7, Hyderabad.
5) The DR, ITAT, Hyderabad
6) Guard File