Pioneer Gas Power Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-16(2), Hyderabad

ITA 1753/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7671 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 02-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE S HRI SATBEER SINGH GODARA , JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1 753 /HYD /20 1 9 A SSESSMENT Y EAR : 201 1 - 1 2 PIONEER GAS POWER LTD., HYDERABAD. PAN A A FCP 2499C VS. VS. DY. COMMISSIONER OF INCOME - TAX , CIRCLE 1 6 ( 2 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHR I MOHD. AFZAL REVENUE BY: S HRI ROHIT MUJUMDAR DATE OF HEARING: 2 5 /0 8 /2021 DATE OF PRONOUNCEMENT: 27 / 0 8 /2021 O R D E R PER L.P. SAHU, A.M. : T H IS APPEAL FILED BY THE ASSESSEE FOR AY 201 1 - 12 IS DIRECTED AGAINST C IT (A) - 4 , HYDERABAD S , ORDER DATED 30 / 0 9 /20 1 9 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 RWS 14 4 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN ITA NO. 1753 /HYD/ 20 1 9 PIONEER GAS POWER LTD., H YDERABAD . : - 2 - : PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , AND THE SAME COULD NOT BE FILED DUE TO PA UCITY OF TIME, THEREFORE, 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 HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HA S PREF ERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WITH A RIDER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 F OR TECHNICAL REASONS. 4 . IN THE RESULT, ASSESS EE S APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 27 TH AUGUST , 2021 . SD/ - SD/ - ( S.S. GODARA ) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 27 TH AUGUST , 20 2 1 . KV ITA NO. 1753 /HYD/ 20 1 9 PIONEER GAS POWER LTD., H YDERABAD . : - 3 - : C OPY TO : 1 PIONEER GAS POWER L TD., C/O MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSON S RESIDENCY, FLAT NO. 402, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 500 004. 2 DC IT, CIRCLE - 1 6 ( 2 ), IT TOWERS, HYDERABA D . 3 CIT(A) 4, HYDERABAD. 4 PR. CIT 4 , HYDERABAD 5 ITAT, DR, HYDERABAD 6 GUARD FILE.