Quippo Construction Equipment Limited, , Hyderabad V. Asst. Commissioner of Income Tax, Circle-16(3), Hyderabad

ITA 1056/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8112 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 15-03-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 22-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: NAVIN PAKHEERA
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER S.NO. ITA NO. AY APPELLANT RESPONDENT 01 854/H/2018 2010 - 11 DY. COMMISSIONER OF INCOME - TAX, CIRCLE 16( 1 ), HYDERABAD. QUIPPO CONSTRUCTION EQUIPMENT LTD., HYDERABAD. PAN - AAALQ1735F 02 855/H/2018 2011 - 12 - DO - - DO - 03 1056/H/201 7 2009 - 10 QUIPPO CONSTRUCTION EQUIPMENT LTD., HYDERABAD. PAN - AAALQ1735F ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 16( 3 ), HYDERABAD. REVENUE BY: SHRI YVST SAI ASSESSEE BY: SHRI NAVIN PAKHEERA DATE OF HEARING: 15 /0 3 /2021 DATE OF PRONOUNCEMENT: 18 /0 3 /2021 O R D E R PER BENCH: T HESE TWO REVENUE S APPEAL S ITA NOS. 854 & 855/HYD/2018 FOR AY S 201 0 - 11 & 201 1 - 1 2 ARE DIRECTED AGAINST THE CIT(A) - 4 , HYDERABADS ORDER S , BOTH, DATED 12/02/2018. ASSESSEES APPEAL ITA NO. 1056/HYD/2017 FOR AY 2009 - 10 IS DIRECTED AGAINST THE CIT(A) 4, HYDERABADS ORDER DATED 23/03/2017. ITA NO S . 854 /HYD/ 20 1 8 AND OTHERS QUIPPO CONSTRUCTION EQUIPMENT LTD., HYD. : - 2 - : 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE BOTH THE REVENUE AS WELL AS ASSESSEES SIDE THAT ASSESSE E HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND FORM(S) - 3 IN TUN E THERETO; ALSO STAND ISSUED , WHICH ARE PLACED ON RECORD. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE REVENUE AS WELL AS ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAI L THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM(S) - 3 IN TUNE THERETO; ALSO STAND ISSUED , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE RESPECTIVE PARTIES TO FILE FOR REVIVAL OF TH ESE CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 5 . IN THE RESULT, BOTH THE REVENUES APPEALS AND ASSESSEES APPEAL ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH , 2021 . SD/ - SD/ - (SATBEER SINGH GODARA) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 18 TH MARCH , 20 2 1 . ITA NO S . 854 /HYD/ 20 1 8 AND OTHERS QUIPPO CONSTRUCTION EQUIPMENT LTD., HYD. : - 3 - : KV C OPY TO : 1 DCIT, CIRCLE 16( 1 ), ROOM NO. 121, 1 ST FLOOR, B BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 2 M/S QUIPPO CONSTRUCTION EQUIPMENT LTD., NAC CAMPUS, IZZAT NAGAR, KONDAPUR, CYBERABAD, HYDERABAD 500 084. 3. ACIT, CIRCLE 16(3), HYDERABAD. 3 CIT(A) 4 , HYDERABAD. 4 PR. CIT - 4 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.