M/s Golkonda Aluminium Extrusion Limited( Formerly Alumeco India Extrusion Ltd), Medak V. Asst. Commissioner of Income Tax, Circle-15(1), Hyderabad

ITA 2148/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5945 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 15-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R DIPAK
• Assessee Lawyers: CHAITANYA KRISHNA
• Keywords: Competent authority; Condonation of delay
• Section: 144C; 13; 92CA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 2 1 4 8 /H/20 17 A SSESSM ENT Y EAR : 20 13 - 14 GOLKONDA ALUMINUM EXTRUSIONS LTD. (FORMERLY ALUMECO INDIA EXTRUSION LTD.), MEDAK. PAN A A BCP 7715 M VS. ASST. COMMISSIONER OF INCOME - TAX , CIRCLE 1 5 ( 1 ) , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI CHAITANYA KRISHNA REVENUE BY: S HRI R. DIPAK DATE OF HEARING: 21 /0 4 /2021 DATE OF PRONOUNCEMENT: 26 / 0 4 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 13 - 14 IS DIRECTED AGAINST A CIT 1 5 ( 1 ) , HYDERABAD S ORDER DATED 1 6 / 1 0 /201 7 INVOLVING PROCEEDINGS U/S 1 4 3(3) RWS 92CA AND 144C OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO. 2148 /HYD/ 20 17 GOLKONDA ALUMINIUM EXTRUSIONS LTD., HYD. : - 2 - : 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO AVAIL VIVAD SE VISWAS SCHEME. IN THIS CONNECTION, HE INVITED OUR ATTENTION TO THE LETTER DATED 1 6 /0 4 /2021 ADDRESSED TO ASSISTANT REGISTRAR, ITAT, HYDERABAD WHEREIN IT WAS STATED THAT THE ASSESSEE HAS RECEIVED FORM NO. 3, WHICH IS ENCLOSED, AND THE SAME IS AVAILABLE ON RECORD. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME , 2020 THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES, THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 6 94 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AN D IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILE D BY THE ASSESSEE ITA NO. 2148 /HYD/ 20 17 GOLKONDA ALUMINIUM EXTRUSIONS LTD., HYD. : - 3 - : UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL A ND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.6 94 OF 2019. ACCORDINGLY, WE HEREBY DISMISS THE INSTANT 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 - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SU BSEQUENT DATE, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 26 TH APRIL, 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 26 TH APRIL , 20 2 1 . KV ITA NO. 2148 /HYD/ 20 17 GOLKONDA ALUMINIUM EXTRUSIONS LTD., HYD. : - 4 - : C OPY TO : 1 GOLKONDA ALUMINIUM EXTRUSIONS LTD., PRASAD & PRASAD, CAS, FLAT NO. 301, MJ TOWES, 8 - 2 - 698, ROAD NO. 12, BANJARA HILLS, HYDERABAD 500 034 2 A CIT, CIRCLE 1 5 ( 1 ) , HYDERABAD. 3 DRP 1, BENGALURU 4 PR. CIT - 7 , HYDERABD 5 ITAT, DR, HYDERABAD 6 GUARD FILE.