Itta/85/2023 Of Rachit V Shah v. The Commissioner Of Income Tax-7

IN THE HIGH COURT FOR THE AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING INCOME TAX TRIBUNAL APPEAL [NO: 85 OF ][2023] Appeal filed under Section 260(4) of the [lncome Tax ][Act, ][1 ][961 ], [against ][the]order dated 15.03.2023 [passed ]in lTA.No. [420lHydl2022 ][for the ][assessment year]2015-16 on the file of the lncome Tax Appellate [Tribunal ][Hyderabad ][Bench ]['A']Hyderabad preferred against the Order dated [21.01.2019 passed ][in ][lTA. ][No]O 166/lTO-7(3)iHydlC lT(A)-3/20'17-18 on [the ][file ][of ][the ][Commissioner ][of ][lncome ][Tax](Appeals)-3, Hyderabad preferred against the Order dated [29 12.2017 ][passed ][in]PAN. AOCPS'1898E on the file of the lncome [Tax ][officer, Ward ]- [7(3), ][Hyderabad.] Between: Rachit V Shah, Son of Vijay Kumar Shah, [aged ][39 ][yrs, ][R/o H.No,15- ][6- ][519,]Begum Bazar Hyderabad-5000'12 PAN. [AOCPSlBgEE] ...AppellanUAppellant AND '1 . The Commissioner of lncome Tax-7, Range-3, l.T. Towers, A.C. Guards,Hyderabad-500004Hyderabad-500004 2. The lncome Tax Appellate Tribunal, [A-Bench, ][Hyderabad.] ... Respondents/Respondents lA NO: 1 OF 2023 Petition under Section 151 CPC [praying ][that ][in ][the ][circumstances stated ][in]the affidavit filed in support of the [petition, ][the ][High ][Court ][may ][be ][pleased ][to]permit the appellant to amend the Memorandum of appeal by [adding ][the]Substantial question of Law as mentioned [below: (H) Whether ][the ][findings ][of ][the]lncome Tax Appellate Tribunal-Hyderabad [that ][the ][appellant executed ][the ][Gift]Deed to misuse and explot the [provisions of ][Sec.54 ] [of ][the ][lncome ][Tax ][Act ][suffer]from perversity and also the impugned order suffer [from ][perversity ][of facts ][and] findings? (l) Whether the finding of the lower Authorities that the execution of Giftdeed by appellant in favour of hrs father amounts to colourable Device suffers fromof facts and findings and that the rmpugned order must be hr:ld to be perverse? (J)Whether the Tribunal was justrfred in Law in observing the [(irft ]Deed executed bythe appellant in favour his father rs a colourable device und,:r Sec. 54F of the Actand its purported fir dings in this behalf are based on any rnaterial and/or havebeen arrived at b'/ rgnoring the relevant materials and/or by taking intoconsrderation of irrolevant/extraneous materials and/or based on hypotheticalassumption and/or o'herwise arbrtrary, unreasonable and perverse? Counsel for the Appellant : Sri. CH Laxmi Chaya Counsel for the Respondents : ... The Court delivered the following: THE HON'BLE SRI JUSTICE P.SAM KOSHYANDTHE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA I.T.T.A.No.85 of 2023 JUDGMENT . (per the Hon'ble Sri Justice P. Sam Koshy) When the rnatter is tal<en-up for hearing, the learned counsel for theappellant submits that the appellant has since availed the benefit under thevivad se vishwas scheme and have paid the amount as agreed upon and amemo has filed to that effect along with the order passed by thedepartment. The order so passed by the department has taken on record. ln view of the same, this appeal stands disposed of in terms of thesettlement arrived at under the vivad se vishwas scheme As a sequel, rnisccllaneous petitions pending if any, shall standclosed. No costs. SD/. M. VIJAYA JOINT REGISTRAR //TRUE COPY// S CTION OFFICER To, l.ThelncomeTaxAppellateTribunalHyderabadBench.A,Hyderabad2. the Commissioner [of lncome Tax (Appeals)-3, Hyderabad']3. The lncome [Tax officer, ][Ward ]- [7(3), ][Hyderabad']4. One CC to Sri. [Laxmi Chaya ][Advocate ][ ] 5. Two CD CoPies DL/PSLm-- HIGH COURT DATED:2510212025 JUDGMENT|TTA.No.8S ot 2023 APPEAL IS DISPOSED OF R [S]l,qoo6(17 ilPn M2*Dr.nSA4rcHF-O