G.Saraswathi , Nizamabad V. Income Tax Officer, Ward-2, Nizamabad

ITA 2313/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6773 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 12-01-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 13-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing
• Section: 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 481/HYD/2017 A.Y.: 2012 - 13 OSI CONSULTING PRIVATE LIMITED, HYDERABAD. PAN: AABCN 8437 G VS. DCIT, CIRCLE - 16(2), HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO. 578/HYD/2017 (A.Y.: 2012 - 13) M/S. APPS ASSOCIATES PVT LTD., HYDERABAD 500 007. PAN: AAECA 9791 R VS. DCIT, CIRCLE - 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO.1866/HYD/2017 (A.Y.: 2013 - 14) M/S. APPS ASSOCIATES PVT LTD., HYDERABAD 500 007. PAN: AAECA 9791 R VS. INCOME TAX OFFICER, WARD - 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) 2 ITA NO.2313/HYD/2018 (A.Y.: 2011 - 12) G. SARASWATHI, NIZAMABAD. PAN: ARQPG 3005 J VS. INCOME TAX OFFICER, WARD - 2, NIZAMABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P.V.S.S. PRASAD (II) SHRI T. CHAITANYA KUMAR (III) SHRI A.V. RAGHURAM FOR K.V. CHALAMAIAH REVENUE BY: SHRI Y.V.S.T. SAI, CIT - DR (II) SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 2 /01/2021 DATE OF PRONOUNCEMENT: 19 /01/2021 ORDER PER BENCH: ALL THESE APPEAL S ARE FILED BY THE ASSESSEE S, AGGRIEVED BY THE RESPECTIVE ORDER S OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), HYDERABAD / DISPUTE RESOLUTION PANEL - 1, BANGALURU. 2. ALL THE ABOVE MENTIONED ASSESSEES HAVE FILED WRITTEN SUBMISSIONS BEFORE US SEEKING WITHDRAWAL OF THEIR RESPECTIVE APPEALS AS THE Y HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT IS FURTHER SUBMITTED THAT THE ASSESSEE S HAVE FILED FORM NO.1 & 2 IN ALL THESE CASES AND ALSO RECEIVED FORM - 3 FROM THE REVENUE IN CERTAIN CASES . HENCE, IT IS PRAYED IN THE WRITTEN SUBMISSIONS THAT THE APPEAL S OF THE RESPECTIVE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN . 3 3. THE LD. DR S CONCEDED TO THE REQUEST OF THE ASSESSEES AND THEIR COUNSELS. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A RS AS THE ASSESSEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1, 2 IN ALL THE INSTANT CASES AND IN SOME CASES THE ASSESSEES HAVE ALSO RECEIVED FORM NO - 3 FROM THE REVENUE. THE LD. DR S HAVE ALSO CONCEDED TO THE REQUEST OF THE LD. ARS. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE AL SO MAKE IT CLEAR THAT, IF ANY OF 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 RESPECTIVE ASSESSEE S SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITH IN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ALL THE ABOVE - MENTIONED APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPEN COURT ON THE 19 TH JANUARY, 2021. 4 SD / - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH JANUARY, 2021. OKK COPY TO: - 1. M/S. OSI CONSULTING PRIVATE LIMITED C/O. PRASAD & PRASAD CHARTERED ACCOUNTANTS, FLAT NO.301, MJ TOWERS, 8 - 2 - 698, ROAD NO.12, BANJARA HILLS, HYDERABAD - 500 034. (II) APPS ASSOCIATES PVT LTD C/O. T. CHAITANYA KUMAR, ADVOCATE, FLAT NO. 102, GOURI APARTMENT, URDU LANE, HIMAYATHNAGAR, HYDERABAD. (III) APPS ASSOCIATES PRIVATE LIMITED, 1 - 2 - 23/2, STREET NO.4, HABSIGU DA, HYDERABAD 500 007. (IV) G. SARASWATHI, 3 - 5 - 99, KOTAGALLY, NIZAMABAD, TELANGANA. (V) 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 16(2), HYDERABAD. (II) DY. COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), HYDERABAD. (III) THE OFFICE OF THE INCOME TAX OFFICE R, WARD - 1(1), 8 TH FLOOR, C - BLOCK, I.T. TOWERS, HYDERABAD. (IV) INCOME TAX OFFICER, WARD - 2, NIZAMABAD. 3. DEPUTY COMMISSIONER OF INCOME TAX (TRANSFER PRICING OFFICER) - 3, HYDERABAD. (II) DEPUTY COMMISSIONER OF INCOME TAX (TRANSFER PRICING OFFICER) - 1, HYDERA BAD. (III) COMMISSIONER OF INCOME TAX (APPEALS) - 1, HYDERABAD. (IV) THE COMMISSIONER OF INCOME TAX (APPEALS) - 5, HYDERABAD. 4. DISPUTE RESOLUTION PANEL - 1, BENGALURU. (II) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 5, HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE