Conexant Systems Private Limited (earlier known as Conexant Systems Noida Private Limited), Hyderabad V. Dy. Commissioner of Income Tax, Circle-1(2), Hyderabad

ITA 1039/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7653 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 04-03-2021
• Assessment Year: 2006-2007
• Appeal Filed On: 20-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO.1039/HYD/2017 (A.Y. 2017 - 18) CONEXANT SYSTEMS PRIVATE LIMITED (EARLIER KNOWN AS CONEXANT SYSTEMS NOIDA PRIVATE LIMITED) HYDERABAD. PAN: AAACF 2723 N VS. DCIT, CIRCLE - 1(2), HYDERABAD. ASSESSEE BY: SHRI SHREYA JAIN REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 04/03/2021 DATE OF PRONOUNCEMENT: 16 /03/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, HYDERABAD IN APPEAL NO. 0131/CIT(A) - 1/HYD/2014 - 15/2016 - 17, DATED 28/02/2017 PASSED U/S. 143(3) R.W.S 254 AND U/S. 250(6) OF THE ACT FOR THE A.Y. 2006 - 07. 2 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO AVAIL VIVAD SE VISWAS SCHEME FOR THE A.Y. 2006 - 07 . HE FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER HE ASSURED THE BENCH THAT THE FO RM NO.1&2 SHALL BE FILED SHORTLY. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRES TO AVAIL THE VIVAD SE VISHWAS SCHEME THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE APPEAL OF T HE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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 IN T.C.A. NO. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERT Y TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION 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 WITHO UT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF 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 BENC H FOR ORDERS. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE FOR THE A.Y. 2006 - 07 AS WITHDRAWN GRANTING LIBERTY TO THE ASSESSEE TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT 3 PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL/S IF THE ASSESSEES CAS E IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COU RT ON THE 16 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH MARCH, 2021. OKK COPY TO: - 1) CONEXANT SYSTEMS PRIVATE LIMITED (EARLIER KNOWN AS CONEXANT SYSTEMS NOIDA PRIVATE LIMITED) , 6 - 3 - 249/3/1, SSK BUILDING, 2 ND FLOOR, RANGA RAJU LANE, NAVEEN NAGAR, ROAD NO.1, BANJARA HILLS, HYDERABAD 500 0034. 2) DCIT, CIRCLE - 1(2), HYDERABAD. 3) THE CIT (A) - 1, HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE