Asst. Commissioner of Income Tax, Central Circle-3(2), Hyderabad V. GVK Gautami Power Limited, Hyderabad

ITA 220/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3193 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 19-11-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 18-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TH ESE APPEAL S FILED
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI D.S. SUNDERE SINGH, ACCOUNTANT M EMBER (THROUGH VIRTUAL CONFERENCE) I TA NO S . 219 , 220 & 221 /HYD/20 1 9 ASSESSMENT YEAR S : 2013 - 14 & 2014 - 15 DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 3(2), HYDERABAD. VS GVK GAUTAMI POWER LTD., HYDERABAD. PAN AAACG 7612 D (APPELLANT) (RESPONDENT) DATE OF HEARING : 19 - 1 1 - 20 20 DATE OF PRONOUNCEMENT : 19 - 1 1 - 20 20 O R D E R PER D.S. SUNDER SINGH , A .M. : ALL THESE APPEALS FILED BY THE REVENUE ARE AGAINST THE ORDER S OF CIT(A) 11 , HYDERABAD REL ATING TO AY S 201 3 - 14 & 2014 - 15 . 2. TH ESE APPEAL S FILED BY THE REVENUE W ERE TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 19/11/2020 AND NONE APPEARED ON BEHALF O F THE ASSESSEE AND WE HAVE HEARD THE LD. DR. FOR ASSESSEE : SHRI SUNKU SRINIVAS FOR REVENUE : NONE ITA NO . ITA NO S . 219 TO 221 /HYD /20 1 9 M/S GVK GAUTAMI POWER LTD., HYD. : - 2 - : 3. THE LD. DR HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL S FILED BY THE DEPARTMENT STATING THAT THE DEPARTMENT HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE A.Y S . UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020. HE FURTHER SUBMITTED THAT AN APPLICATION TO THIS EFFECT HAS BEEN FILED BY THE REVENUE AND THAT THE DEPARTMENT HAS ALSO RE CEIVED FORM - 3. 3 . IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE LD. DR FOR WITHDRAWAL OF THE APPEAL S AS PR. CIT (CENTRAL) HAS ISSUED FORM - 3. 5. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR T HE CAPTIONED A.Y S . ARE NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT (I.E. THE REVENUE ) IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL S AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATE AS PER LA W. 6. IN THE RESULT, THE APPEAL S OF THE REVENUE ARE DISMISSED AS WITHDRAWN. ORDER P RONOUNCED IN THE OPEN COURT ON 19 TH NOVEMBER , 20 20 . SD/ - SD/ - ( P. MADHAVI DEVI ) ( D.S. SUNDER SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 19 TH NOVEMBER , 20 20 . KV ITA NO . ITA NO S . 219 TO 221 /HYD /20 1 9 M/S GVK GAUTAMI POWER LTD., HYD. : - 3 - : C OPY TO : 1. DCIT, CENTRAL CIRCLE 3(2), 7 TH FLOOR, AAYAKAR BHAVAN, HYDERABAD. 2. M/S GVK GAUTAMI POWER LTD., 156 - 159, PAIGAH HOUSE, SARDAR PATEL ROAD, SECUNDERABAD 500 003. 3 . CIT(A) 11 , HYDERABAD. 4 . PR. CIT( CENTRAL ), HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6 . GUARD FILE.