Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam V. Bharat Heavy Plates & Vessels Limited, Visakhapatnam

ITA 478/VIZ/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3989 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 25-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 201

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. 4 78 /VIZ/20 18 ( / A SSESSMENT Y EAR : 20 09 - 10 ) ASST.COMMISSIONER OF INCOME TAX CIRCLE - 1(1) VISAKHAPATNAM VS . M/S BHARAT HEAVY PLATES & VESSELS LTD. 10 - 3, ADMINISTRATIVE BUILDING BHPV POST, NATHAYYAPALEM VISAKHAPATNAM [PAN : AAACB7076N] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SMT. SUMAN MALIK, DR / RESPONDENT BY : SHRI I.KAMA SASTRY, AR / 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 REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 1 , VI SAKHAPATNAM IN ITA NO. 283 / 201 1 - 1 2/ACIT,C - 3(1), VSP/2011 - 12 DATED 20 . 06 .20 1 8 FOR THE ASSESSMENT YEAR (A.Y.) 20 09 - 10 . 2 I.T.A. NO . 478 /VIZ/20 18 , A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD., VISAKHAPATNAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, THE ASSESSEE 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) , VI SAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 2 9 . 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 SCH EME. THUS, ON ISSUE OF THE CERTIFICATE IN FORM NO.3, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT.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. 16 .0 2 .2021 WITHDRAWING THE APPEAL. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISMISSAL 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 BOTH THE SIDES A ND GONE THROUGH THE FORM NO.3 AND ALSO THE PETITION FILED BY THE ASSESSEE PRAYING FOR DISMISSAL OF THE DEPARTMENTAL APPEAL AS THE ISSUE IS SETTLED UNDER VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE 3 I.T.A. NO . 478 /VIZ/20 18 , A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD., VISAKHAPATNAM APPEA L AS REQUESTED BY THE ASSESSEE, SINCE, THE PR.CIT HAD ISSUED FORM 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 T HE VIVAD SE VISHWAS SCHEME AND ACCEPTED BY THE PR.CIT, THE APPEAL FILED BY THE DEPARTMENT BECOMES INFRUCTUOUS, HENCE THE SAME IS DISMISSED. H OWEVER, IT IS OPEN TO THE DEPARTMENT TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO NON PAYMENT OF TAXES AS SPECIFIED IN FORM NO.3 OR ANY UNFORESEEN CONTINGENCIES. ACCORDINGLY, THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED AS INFRUCTUOUS. 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 . 478 /VIZ/20 18 , A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD., VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), VISAKHAPATNAM 2 . / THE ASSESSEE M/S BHARAT HEAVY PLATES & VESSELS LTD., 10 - 3, ADMINISTRATIVE BUILDING, BHPV POST, NATHAYYAPALEM, VISAKHAPATNAM 3. THE PR. COMMISSIONER OF INCOME TAX - 1 , VI SAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 1, VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM