Conexant Systems Private Limited(Formerly known as Conexant Systems (PB) Pvt Ltd), Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(2), Hyderabad

ITA 234/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5949 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2006-2007
• Appeal Filed On: 26-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R DIPAK
• Assessee Lawyers: KIRESH SHIVKAR
• Keywords: Condonation of delay

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. 234 /H/20 20 A SSESSMENT Y EAR : 20 0 6 - 0 7 CONEXANT SYSTEMS PVT. LTD., (FORMERLY KNOWN AS CONEXANT SYSTEMS (PB) PVT. LTD., HYDERABAD. PAN A AACF 2723 N VS. DY. COMMISSIONER OF INCOME - TAX , CIRCLE 1 (2) , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI KIRESH SHIVKAR 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 0 6 - 07 IS DIRECTED AGAINST DCIT 1(2) , HYDERABAD S ORDER DATED 31 / 12 /201 9 INVOLVING PROCEEDINGS U/S 1 4 3(3) RWS 144C/254 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO. 234 /HYD/ 20 20 CONEXANT SYSTEMS PVT. 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 31/03/2021 ADDRESSED TO ITAT, HYDERABAD WHEREIN IT WAS STATED THAT THE ASSESSEE HAS FILED A DECLARATION IN FORM NO. 1 AND FORM NO. 2 AND RECEIVED FORM NO. 3, WHICH IS ENCLOSED, BUT, THE SAME I S NOT 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HEARD BOTH THE PARTIES, THROUGH VIDEO C ONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HE LD 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) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO.1. . .. ITA NO. 234 /HYD/ 20 20 CONEXANT SYSTEMS PVT. LTD., HYD. : - 3 - : 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 FILED BY THE ASSESSEE 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 AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FIL ING 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 AUTHORI TY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 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 SUBSEQUENT DATE, TH EN 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. PR ONOUNCED 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 . ITA NO. 234 /HYD/ 20 20 CONEXANT SYSTEMS PVT. LTD., HYD. : - 4 - : KV C OPY TO : 1 CONEXANT SYSTEMS PVT. LTD., 6 - 3 - 249/3/1, SSK BUILDING, 2 ND FLOOR, RANGA RAJU LANE, NAVEEN NAGAR, ROAD NO. 1, BANJARA HILLS, HYDERABAD. 2 D CIT, CIRCLE 1 (2) , B BLOCK, 7 TH FLOOR, IT TOWERS, AC GUARDS, HYDERABAD. 3 DRP 1, BENGALURU 4 PR. CIT - 1 , HYDERABD 5 ITAT, DR, HYDERABAD 6 GUARD FILE.