Anjani Protland Cement Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(1), Hyderabad

ITA 1982/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0868 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 17-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 01-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO . 1982 /H/201 8 ASSESSMENT YEAR: 20 14 - 1 5 ANJANI PORTLAND CEMENT LTD., HYDERABAD. PAN AACCA 8115F VS. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : MRS. M.K. SREE RAMYA FOR SHRI CV NARASIMHAM REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 7 /0 2 /2021 DATE OF PRONOUNCEMENT: 24 / 0 2 /2021 O R D E R PER BENCH: TH IS ASSESSEES APPEAL FOR AY 20 14 - 15 IS DIRECTED AGAINST THE C I T(A) - 1 , HYDERABAD S ORDER DATED , 11 / 0 6 / 201 8 PASSED IN CASE NO. 0236 /CIT(A) 1 / 201 6 - 17/2018 - 19 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO. 1982 /HYD/1 8 ANJANI PORTLAND CEMENT LTD., HYD. : - 2 - : 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE. 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 HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY F ILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. I TA NO. 1982 /HYD/1 8 ANJANI PORTLAND CEMENT LTD., HYD. : - 3 - : 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 24 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 ANJANI PORTLAND CEMENT LTD., 6 - 3 - 553, UNIT NO. E3 & E4, 4 TH FLOOR, QUENA SQUARE, OPP. TAJ DECCAN ROAD, ERRAMANZIL, PANJAGUTTA, HYDERABAD 500 082. 2 DCIT, CIRCLE 1(1), IT TOWERS, AC GUARDS, HYDERABAD 500 004 3 C I T(A) 1 , HYDERABAD. 4 PR. CIT 1 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.