TENOVA HYPERTHERM P.LTD, MUMBAI V. ADDL CIT RG 11(3), MUMBAI

ITA 1874/MUM/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7276 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 31-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M ANPREEET S D UGGLE
• Assessee Lawyers: PRANAV SHAH
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) J BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO. 1874 /MUM/2015 (A.Y: 2010 - 11 ) M /S. TENOVA H YP E RTHERM PVT. LTD., (AMALGAMATED WITH TENOVA METALS IN DIA PVT. LTD., W.E.F 01.04.2013 ) 601, 6 TH FLOOR , BOOMERANG B 2 W ING, CHANDIVALI, A NDHE RI (E ) MUMBAI - 400072 PAN: AACCT3824E V. ADDL. CIT R ANGE 11( 3) ROOM NO. 419A AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ITA NO. 1 631 /MUM/2015 (A.Y: 2010 - 11 ) ACIT 11( 3) (1) ROOM NO. 4 27 , AAYAKAR BHAVAN M.K. ROAD, MUMBAI 400 020 V . M /S. TENOVA H YP E RTHERM PVT. LTD., 2093, C W ING , O BEROI GARDEN E STA T E CHANDIVALI , A NDHERI (E) MUMBAI - 400072 PAN: AACCT3824E (APPELLANT) (RESPONDENT) 2 ITA NO. 1874 & 1631 /MUM/2015 (A.Y: 2010 - 11 ) ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) M /S. TENOVA H YP E RTHERM PVT. LTD., (AMALGAMATED WITH TENOVA IN DIA PVT. LTD., ) 601, 6 TH FLOOR , BOOMERANG B 2 W ING, CHANDIVALI , A NDHE RI (E ) MUMBAI - 400072 PAN: AACCT3824E V. ACIT 11( 3) (1) ROOM NO. 4 27 , 4 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., (AMALGAMATED WITH TENOVA IN DIA PVT. LTD., W.E.F 01.04.2013 ) 601, 6 TH FLOOR , BOOMERANG B 2 W ING, CHANDIVALI , A NDHE RI (E ) MUMBAI - 400072 PAN: AACCT3824E V . ACIT C IRCLE 11 ( 3 ) ( 1 ) ROOM NO. 204, 2 ND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : S HRI P RANAV S HAH DEPARTMENT BY : SHRI M ANPREEET S . D UGGLE DATE OF HEARING : 25.03.2021 DATE OF PRONOUNCEMENT : 25.03.2021 3 ITA NO. 1874 & 1631 /MUM/2015 (A.Y: 2010 - 11 ) ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., O R D E R PER C.N. PRASAD ( JM ) 1. TH ESE APPEAL S ARE FILED BY THE ASSESSEE AGAINST DIFFERENT ORDER S OF DISPUTE RESOLUTION PANEL - II , MUMBAI [HEREINAFTER IN SHORT DRP] FOR THE A.Y S . 2010 - 11, 2011 - 12 AND A.Y. 2012 - 13 PASSED U/S. 144C(5) OF THE ACT AND CROSS APPEAL IS FILED BY THE REVENUE FOR A.Y. 2010 - 11 . 2. IN SO FAR AS APPEAL FOR A.Y. 2010 - 11 IS CONCERNED , LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE OPTED FOR VIVAD SE VISHWAS SCHEME AND FILED DECLARATION AND UNDERTAKING IN FORM - 1 TO SETTLE THE LITIGATION AND FORM 3 IS AWAITED FROM THE REVENUE. C OMING TO THE APPEALS FOR THE A.Y. 2011 - 12 AND A.Y. 2012 - 13 , L D. COUNSEL FOR THE ASSESSEE THROUGH MAIL FILED A LETTER DATED 19.03.2021 ISSUED BY THE ASSESSEE AND SOUGHT FOR WITHDRAWAL OF BOTH THE APPEALS . C ONTENTS OF THE LETTER IN ITA.NO. 5214/ MUM / 2016 ( A.Y. 2011 - 12 ) ARE AS UNDER: - N A ME OF THE ASSESSEE TAKRAF INDIA PRIVATE LIMITED (SUCCESSOR OF AMALGAM ATING COMPANY TENOVA HYPERTHERM PRIVATE LIMITED) ('THPL' O R 'COMPANY' OR 'THE APPELLANT') ASSESSMENT YEAR ('AY') 2011 - 12 PAN AAMCS6453Q ( PAN OF AMALGAMATING CO MPANY IS AACCT3824E) 4 ITA NO. 1874 & 1631 /MUM/2015 (A.Y: 2010 - 11 ) ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., APPEAL NO I TA 5214 /MUM /2016 SUBJECT WITHDRAWAL OF APPEAL/S ON ACCOUNT OF APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ('VSV ACT ) THIS IS WITH REFERENCE TO THE CAPTIONED APPEAL FILED BY THE APPELLANT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI ON AUGUST 18, 2016. THE ACKNOWLEDGMENT OF FILING THE A PPEAL IS ENCLOSED AS ANNEXURE 1. IN THIS REGARD, IT IS MOST HUMBLY SUBMITTED THAT FOR THE CAPTIONED ASSESSMENT YEAR 2011 - 12, THE APPELLANT HAS FILED A DECLARATION IN THE - FORM - 1 UNDER THE PROVISIONS OF SECTION 4(1) OF THE VSV ACT ON THE ISSUES COVERED UNDER THE CAPTIONED APPEAL THE APPELLANT HAS ALSO FURNISHED AN UNDERTAKING IN FORM - 2 UNDER THE PROVISIONS OF SECTION 4(5) OF THE VSV ACT . SUBSEQ UENTLY, THE APPELLANT HAS BEEN GRANTED A CERTIFICATE BY THE DESIGNATED AUTHORITY IN FORM - 3 UNDER THE PROVISIONS OF SECTION 5(1) OF THE VSV ACT ON DECEMBER 21, 2020, COPY OF ACTION IN FORM 1 & 2 ALONG - WITH. CERTIFICATE IN FORM 3 IS ENCLOSED AS A NNE XURE 2. IN VIEW OF THE PROVISIONS OF SECTION 4(2) OF THE VSV ACT, THE CAPTIONED APPEAL SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SECTION 5(1) OF THE VSV ACT IS ISS UED IE, DECEMBER 21, 2020, IT IS MOST HUMBLY SUBMITTED THAT YOUR HONOUR MAY ALLOW THE WITHDRAWAL OF APPEAL WITH A LIBERTY TO REVIVE IT AGAIN., IN CASE THE DECLARATION, MADE UNDER THE ABOVE MENTIONED PROVISIONS OF THE VSV ACT IS REJECTED OR WITHDRAWN OR CAN CELLED AND/OR IN A CASE WHERE THE ORDER UNDER SECTION 5 OF THE VSV ACT IS NOT ISSUED /ACCEPTABLE TO THE APPELLANT. WE TRUST THAT YOUR HONOUR WOULD ACCEDE TO OUR ABOVE REQUEST AND GRANT LEAVE TO WITHDRAW THE CAPTIONED APPEAL . WE SHALL BE PLEASED TO SUBMIT ANY OTHER INFORMATION T HAT YOUR HONOUR MAY REQUIRE IN THIS REGARD. 3. O N A PERUSAL OF THE ABOVE LETTER AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN F ORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE 5 ITA NO. 1874 & 1631 /MUM/2015 (A.Y: 2010 - 11 ) ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL S . ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL S FOR THE A.Y. 2011 - 12 AND A.Y. 2012 - 13 , TH ESE APPEAL S ARE DISMISSED AS WIT HDRAWN. T HE A PPEAL FOR A.Y. 2010 - 11 IS ALSO DISMISSED AS WITHDRAWN SINCE THE ASSESSEE HAS ALREADY FILED FORM - 1 AND 2 OPTING TO SETTLE THE DISPUTE UNDER VIVAD SE VISHWAS SCHE ME PENDING F ORM - 3. I N CASE THE REVENUE IS NOT ACCEPTING THE PROPOSAL OF THE ASSESSEE THE ASSESSEE / REVENUE ARE AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALL OF THE APPEAL FOR HEARING ON MERITS. W ITH THESE OBSERVATIONS APPEAL FOR A.Y. 2010 - 11 IS ALSO DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL S OF THE ASSESSEE AS WELL AS REVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 25.03.2021 . SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 25/03/2021 GIRIDHAR, SR.PS 6 ITA NO. 1874 & 1631 /MUM/2015 (A.Y: 2010 - 11 ) ITA NO. 5214 /MUM/201 6 (A.Y: 201 1 - 12 ) ITA NO. 2133 /MUM/201 7 (A.Y: 2012 - 13 ) M /S. TENOVA H YP E RTHERM PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM