Deccan Strips and Tubes Private Limited, Hyderabad V. Asst. Commissioner of Income Tax, Circle-17(1), Hyderabad

ITA 1289/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7315 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 31-03-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 25-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PHANINDRA SUSARLA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI P RASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1289 /H/20 17 A SSESSMENT Y EAR : 20 1 2 - 1 3 DECCAN STRIPS AND TUBES PVT. LTD., HYDERABAD. PAN A ADCD 2560L VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 1 7 ( 1 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S HRI PHANINDRA SUSARLA REVENUE BY: S HRI SUNIL KUMAR PANDEY DATE OF HEARING: 2 6 /0 3 /2021 DATE OF PRONOUNCEMENT: 05 / 0 4 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 1 2 - 1 3 I S DIRECTED AGAINST CIT(A) - 5 , HYDERABADS ORDER DATED 24 / 05 /201 7 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN ITA NO. 1289 /H YD/ 20 17 DECCAN STRIPS AND TUBES PVT. LTD ., HYDERABAD. : - 2 - : TUNE THERETO , WHICH IS PLACED ON RECORD AND THEREFO RE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW THIS APPEAL OF THE ASSESSEE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVA D - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REA SONS. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 5 TH APRIL , 20 2 1 . KV ITA NO. 1289 /H YD/ 20 17 DECCAN STRIPS AND TUBES PVT. LTD ., HYDERABAD. : - 3 - : C OPY TO : 1 DECCAN STRIPS AND TUBES PVT. LTD., C/O S/SHRI K. VASANTKUMAR, AV RAGHURAM, P. VINOD & M. NEELIMA DEVI, ADVOCATES, 610 BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD 500 001. 2 A CIT, CIRCLE 1 7 ( 1 ), 9 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD . 3 CIT(A) 5 , HYDERABAD 4 PR. CIT 5, HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.