Cambridge System(India) Private Limited, Visakhapatnam V. The Deputy Commissioner Of Income Tax, Circle-1(1), Visakhapatnam

CO 125/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4870 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 7 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 06-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I . T . A . NO. 455 / VIZ /2019 (ASST. YEAR : 20 09 - 1 0 ) DCIT, CIRCLE - 1(1), VISAKHAPATNAM. VS. M/S. CAMBRIDGE SYSTEM (INDIA) PVT. LTD., UNIT NO.30, SDF - 1 BUILDING, VSEZ DUVVADA, VISAKHAPATNAM. PAN NO. AABCC 7539 C (RESPONDENT) (APPELLANT ) C.O.NO. 125/VIZ/2019 (ARISING OUT OF I.T.A. NO. 455/VIZ/2019) (ASST. YEAR : 2009 - 10 ) M/S. CAMBRIDGE SYSTEM (INDIA) PVT. LTD., UNIT NO.30, SDF - 1 BUILDING, VSEZ DUVVADA, VISAKHAPATNAM. PAN NO. AABCC 7539 C ( APPLICANT ) VS. DCIT, CIRCLE - 1(1), VISAKHAPATNAM. (RESPONDENT) ASSESSEE BY : SHRI C .S UBRAHMANYAM , FC A DEPARTMENT BY : SMT. SUMAN MALIK , SR. DR DATE OF HEARING : 29 / 0 4 /2021 . DATE OF PRONOUNCEMENT : 05 / 0 5 /20 2 1 . O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AND THE CROSS OBJECTION PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 2 ITA NO. 455 /VIZ/20 19 C.O.NO. 125/VIZ/2019 ( M/S. CAMBRIDGE SYSTEM (INDIA) PVT. LTD. ) 26/02/2019 IM PUGNED HEREIN PASSED BY THE LD.COMMISSIONER OF INCOME TAX (APPEALS) - 9 [FOR SHORT, LD.COMMISSIONER], HYDERABAD U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2009 - 10 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 15/04/2021 FOR DISMISSAL OF THE REVENUES APPEAL. 3. DUR ING THE COURSE OF HEARING, L D. AR HAS SUBMITTED THAT SINCE THE A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 12/04/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE REVENUE MAY BE DISMISSED AND ALSO REQUESTED TO WITHDRAWN THE CROSS OBJECTION OF THE ASSESSEE . 4. THE LD. DR RAI SED NO OBJECTION, IF THE APPEAL OF THE REVENUE IS ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE AND ALSO NO RAISED OBJECTION FOR WITHDRAWAL OF THE CROSS OBJECTION . 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICATION FOR DISMISSAL OF THE APPEAL AND FORM NO. 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW AND THE CROSS OBJECTION FILED BY THE 3 ITA NO. 455 /VIZ/20 19 C.O.NO. 125/VIZ/2019 ( M/S. CAMBRIDGE SYSTEM (INDIA) PVT. LTD. ) ASSESSEE IS ALSO LIABLE TO BE DISMISSED AS WITHDRAWN , HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE REVE NUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 0 5 T H DAY OF MAY , 2021 . S D / - S D / - ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 5 T H MAY , 2021 . VR/ - COPY TO: 1. THE ASSESSEE M/S. CAMBRIDGE SYSTEM (INDIA) PVT. LTD., UNIT NO.30, SDF - 1 BUILDING, VSEZ DUVVADA, VISAKHAPATNAM. 2. THE REVENUE DCIT, CIRCLE - 1(1), VISAKHAPATNAM. 3. THE PR.CIT - 1 , VISAKHAPATNAM . 4. THE CIT(A) - 9 , HYDERABAD . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.