Tecumseh Products India Pvt. Ltd., Hyd, Hyderabad V. ACIT, Cirlce-2(2), Hyd, Hyderabad

ITA 471/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7584 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 04-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 01-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS
• Assessee Lawyers: R EYA JAIN
• Keywords: Transfer pricing; Condonation of delay
• Section: 13; 144

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 471/HYD/2016 (A.Y. 2011 - 12) TECUMSEH PRODUCTS INDIA PRIVATE LIMITED, HYDERABAD. PAN: AABCT 6893 J VS. ACIT, CIRCLE - 2(2), HYDERABAD. ASSESSEE BY: SHRI SH R EYA JAIN REVENUE BY: SMT. NIVEDITA BISWAS, DR ITA NO.935/HYD/2017 (A.Y. 2012 - 13) TECUMSEH PRODUCTS INDIA PRIVATE LIMITED, HYDERABAD. PAN: AABCT 6893 J VS. DCIT, CIRCLE - 2(2), HYDERABAD. ASSESSEE BY: SHRI SH R EYA JAIN REVENUE BY: SMT. NIVEDITA BISWAS, DR DATE OF HEARING: 04/03/2021 DATE OF PRONOUNCEMENT: 16 /03/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: 2 THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINST THE DIRECTIONS OF THE LD. MEMBERS OF DISPUTE RESOLUTION PANEL - 1, BENGALURU IN F. NO.226/CIT/DRP/2015 - 16, DATED 31/12/2015 AND F. NO. 150/DRP - BNG/2016 - 17, DATED 13/12/2016 PASSED U/S. 144 C(5) OF THE ACT FOR THE A.Y.S 2011 - 12 AND 2012 - 13. 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO AVAIL VIVAD SE VISWAS SCHEME FOR THE AYS 20 11 - 12 AND 2012 - 13 . HE FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER HE ASSURED THE BENCH THAT THE FORM NO.1&2 SHALL BE FILED SHORTLY. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRES TO AVAIL THE VIVAD SE VISHWAS SCH EME THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE APPEALS OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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 HELD AS UNDER: 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 UN DER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE 3 PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST M ADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. ACCORDINGLY, WE HEREBY DISMISS THE INSTANT T WO APPEALS OF THE ASSESSEE FOR THE AYS 2011 - 12 AND 2012 - 13 A S WITHDRAWN GRANTING LIBERTY TO THE ASSESSEE TO FILE MISCELLANEOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL/S IF THE ASSESSEES CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVEN UE FOR WHATSOEVER MAY BE THE REASON. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, T WO APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 16 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH MARCH, 2021. OKK COPY TO: - 1) TECUMSEH PRODUCTS INDIA PRIVATE LIMITED, 9 - 40, BALANAGAR TOWNSHIP , HYDERABAD 500 037. 2) DCIT, CIRCLE - 2(2), R.NO. 513, 5 TH FLOOR, SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR, HYDERABAD. (II) ACIT, CIRCLE - 2(2), R.NO. 824, B - BLOCK, 8 TH FLOOR, IT TOWERS, OPP. MAHAVEER HOSPITAL, AC GUARDS, HYDERABAD. 3) THE DISPUTE RESOLUTION PANEL - 1, BANGALURU. 4 4) THE DEPUTY COMMISSIONE R OF INCOME TAX (TRANSFER PRICING OFFICER) - 2, HYDERABAD. (II) JOINT COMMISSIONER OF INCOME TAX (TRANSFER PRICING), HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE