Pilkington Automotive India Pvt. Ltd., Veeraghattam V. The ACIT, Visakhapatnam

ITA 3/VIZ/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4000 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 05-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Section: 13; 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM , . . , BEFORE SHRI N.K.CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 03 /VIZ/20 1 7 ( / A SSESSMENT Y EAR : 20 1 2 - 13 ) M/S PILKINGTON AUTOMOTIVE INDIA PVT. LTD. PLOT NO.8, NON SEC OF APIIC PUDIMADAKA ROAD ATCHUTAPURAM MANDAL VISAKHAPATNAM [PAN : A ACCC3708L ] VS . ASST.COMMISSIONER OF INCOME TAX CIRCLE - 5(1) VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : NONE / RESPONDENT BY : S HRI D.K.SONOWAL, CIT, DR / DATE OF HEARING : 03 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 03 .0 3 . 202 1 / O R D E R P ER D.S.SUNDER SINGH , ACCOUNTANT MEMBER : TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 5(1), VISAKHAPATNAM DATED 2 6 . 10 .20 1 6 FOR THE ASSESSMENT YEAR (A.Y.) 20 1 2 - 1 3 . 2 I.T.A. NO . 03 /VIZ/20 1 7 , A.Y.20 12 - 1 3 M/S PILKINGTON AUTOMOTIVE INDIA PVT. LTD., VISAKHAPATNAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, IT IS OBSERVED THAT THE LD.AR HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD SE VISHWAS ACT, 2020 AND THE PRINCIPAL COMMISSIONER OF INCOME TAX (PR.CIT) - 1 , VI SAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 22 .1 2 . 202 0 . FORM NO.3 IS A CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, ISSUED BY THE PR.CIT, DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCHEME. THUS, ON ISSUE OF THE CERTIFICATE IN FORM NO.3, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT. THE ASSESSEE HAS FILED A LETTER DT. 2 4 .02.2021 WITHDRAWING THE APPEAL. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR D ISMISSAL OF APPEAL AS WITHDRAWN. HOWEVER, SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. WE HAVE HEARD THE LD.DR AND GONE THROUGH THE FORM NO.3 AND ALSO THE WITHDRAWAL PETITION FILED BY THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE APPEAL AS REQUESTED BY THE ASSESSEE, SINCE, THE PR.CIT HAD ISSUED FORM 3 I.T.A. NO . 03 /VIZ/20 1 7 , A.Y.20 12 - 1 3 M/S PILKINGTON AUTOMOTIVE INDIA PVT. LTD., VISAKHAPATNAM NO.3 DETERMINING THE TOTAL TAX LIABILITY AS PER SUB SECTION (1) OF SECTION 5 OF VIVAD SE VISHWAS ACT TOWARDS FULL AND FINAL SETTLEMENT OF THE TAX DUES. SINCE, THE DISPUTE IS SETTLED UNDER THE VIVAD SE VISHWAS SCHEME AND ACCEPTED BY THE DEPARTMENT AND THE ASSESSEE HAS SUBMITTE D THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL , W E DISMISS THE APPEAL AS WITHDRAWN . H OWEVER, IN CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON, IT IS OPEN TO THE ASSESSEE TO FILE AN APPROPRIATE APPLICATIO N BEFORE THE TRIBUNAL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MARCH , 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 03 . 0 3 .2021 L.RAMA, SPS 4 I.T.A. NO . 03 /VIZ/20 1 7 , A.Y.20 12 - 1 3 M/S PILKINGTON AUTOMOTIVE INDIA PVT. LTD., VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE M/S PILKINGTON AUTOMOTIVE INDIA PVT. LTD. , PLOT NO.8, NON SEC OF APIIC, PUDIMADAKA ROAD, ATCHUTAPURAM MANDAL, VISAKHAPATNAM 2 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX, CIRCLE - 5(1) VISAKHAPATNAM 3 . , , / DR, ITAT, VISAKHAPATNAM 4 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM