Co-Make IT Software Pvt.Ltd., Hyd, Hyderabad V. DCIT, Circle-1(2), Hyd, Hyderabad

ITA 184/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6974 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 07-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 18-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MITHILESH
• Keywords: Transfer pricing
• Section: 143(3); 144C; 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER, AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 184/HYD/2016 (A.Y. 2011 - 12) ITA NO. 172/HYD/2017 (A.Y. 2012 - 13) ITA NO.1977/HYD/2017 (A.Y. 2013 - 14) M/S. CO - MAKE IT SOFTWARE PRIVATE LIMITED, HYDERABAD 500 034. PAN: AACCC 8032 H VS. DCIT, CIRCLE - 1(2) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MITHILESH REVENUE BY: SHRI RAJENDRA KUMAR, DR DATE OF HEARING: 07/04/2021 DATE OF PRONOUNCEMENT: 08 /04/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST THE FINAL ASSESSMENT ORDER S OF THE DCIT, CIRCLE - 1(2), HYDERABAD PASSED U/S. 143(3) R.W.S 144C OF THE ACT, DATED 23/03/2015 , 30/11/2016 AND 21/09/2017 FOR THE AYS 2011 - 12 , 2012 - 13 AND 2013 - 14 RESPECTIVELY. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO WITH DRAW ITS APPEAL S FOR THE AYS 2011 - 12, 2012 - 13 AND 2013 - 14 AS 2 THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VIS H WAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HA D FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEA DED, THAT THE APPEAL S OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE SIDES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME FOR THE AYS 2011 - 12, 2012 - 13 AND 2013 - 14 BY FILING FORM NO.1 & 2. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD . AR. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE /S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION /S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL /S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, THREE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN THE OPEN COURT ON THE 08 TH APRIL, 2021. SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 08 TH APRIL , 2021. OKK COPY TO: - 1) M/S. CO - MAKE IT SOFTWARE PRIVATE LIMITED, PLOT NO. 564/A39, PHASE - III, ROAD NO.92, JUBILEE HILLS, HYDERABAD 500 034. 2) THE DCIT, CIRCLE - 1(2), B - BLOCK, 7 TH FLOOR, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 3) THE DISPUTE RESOLUTION PANEL - 1 , BENGALURU. 4) THE DCIT (TRANSFER PRICING OFFICER) - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE