Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 6057 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 7 month(s) 14 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
02-09-2021
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB-B
Next Hearing Date
31-08-2021
Assessment Year
2013-2014
Appeal Filed On
19-01-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE S HRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO S . 1 48 & 149 /HYD./ 2018 ASSESSMENT YEAR: 20 13 - 14 M/S NEOTISS LIMITED (FORMERLY VALLOUREC VS. A CIT, CIRCLE 8(1) HEAT EXCHANGER TUBES LIMITED) HYDERABAD HYDERABAD. [ PAN: AA ACC8221G ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI P MURALI, A.R. FOR REVENUE : SH. ROHIT MUZUMDAR, D.R. DATE OF HEARING : 31 /0 8 / 202 1 DATE OF PRONOUNCEMENT : 02 / 0 9 /202 1 O R D E R PER S.S. GODARA, JM THESE ASSESSEE S APPEALS FOR AY 20 13 - 14 , ARE DIRECTED AGAINST THE CIT(A) - 2 HYDERABADS ORDER S DATED 25.10.2017 IN CASE NO S . 0325 & 0 326 /16 - 17 IN PROCEEDINGS U/S 271AA AND 271BA OF THE ACT INCOME TAX ACT, 1961 (IN SHORT THE ACT) ; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2 . WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES' SIDE THAT IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE 'DIRECT TAX VIVAD SE VISWAS SCHEME - 2020' IN PRESCRIBED FORM NO.1 & 2 AND FORM(S) - 3 DATED 15.042021 IN TUNE THERETO; ALSO STAND ISSUED. ITA NOS. 148 & 149 /HYD/20 18 AY 20 13 - 14 M/S NEOTISS LIMITED . 2 3 . THE ASSESSEE S SOLE IDENTICAL PLEA IN BOTH THESE CASES IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TUNE WITH FORM(S) - 3 ISSUED UNDER THE SCHEME, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSE SSEES' CONTENTIONS PER SE. THE FACT REMAINS THAT THEY HAVE ALREADY BEEN ISSUED FORM(S) - 3, NO PURPOSE WOULD BE SERVED IF BOTH THESE CASES ARE KEPT PENDING. WE THEREFORE ORDER THAT THESE APPEALS BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHAL L BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THESE CASES, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THEM FOR TECHNICAL REASONS. THIS ASSESSEES BOTH APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN OPEN COURT ON 2 ND SEPTEMBER, 2021 . SD/ - SD/ - (L.P. SAHU ) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 02 ND SEPTEMBER, 2021 *GMV COPY OF ORDER FORWARDED TO: 1. M/S NEOTISS LIMITED (FORMERLY VALLOUREC HEAT EXCHANGER TUBES LIMITED), 9 - 14, ISNAPUR, PATANCHERU MANDAL, MEDAK DISTRICT, TELANGANA 502 307 . 2. ACIT, CIRCLE 8(1), HYDERABAD. 3. ACIT, RANGE 8 , HYDERABAD 4. C IT( A ) - 2 , HYDERABAD . 5 . PR.CIT - 2 , HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE
