The Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam V. Rashtriya Ispat Nigam Limited, Visakhapatnam

ITA 492/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9665 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 22-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Section: 201; 13

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ I.T. A.NO. 371 /VIZ/201 9 & 372/VIZ/2019 ( / ASS ESSMEN T YEAR : 2013 - 14 & 20 1 4 - 1 5 ) M/S RASHTRIYA ISPAT NIGAM LTD. TAXATION CELL, F&A DEPARTMENT 2 ND FLOOR, ADMINISTRATIVE BUILDING VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM [PAN : A ABCR0435L ] VS. DY.COMMISSIONER OF INCOME TAX CIRCLE - 4 (1) VI SAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) ./ I.T. A.NO. 492 /VIZ/201 9 TO 494 /VIZ/201 9 ( / ASS ESSMEN T YEAR : 201 2 - 13 TO 2014 - 15 RESPECTIVELY ) ASST.COMMISSIONER OF INCOME TAX CIRCLE - 4(1) VISAKHAPATNAM VS. M/S RASHTRIYA ISPAT NIGAM LTD. TAXATION CELL, F&A DEPARTMENT 2 ND FLOOR, ADMINISTRATIVE BUILDING VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM [PAN : A ABCR0435L ] ( / APPELLANT) ( / RESPONDENT) / ASSESSEE BY : SHRI G.V.N.HARI, AR /REVENUE BY : S HRI D.K.SONOWAL, CIT ( DR ) / DATE OF HEARING : 04 . 01 .202 1 /DATE OF PRONOUNCEMENT : 04 .01.2021 / O R D E R P ER BENCH : THESE APPEALS ARE FILED BY THE ASSESSEE AND THE REVENUE AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 9, 2 I.T.A. NO. 371& 372 /VIZ/201 9, A.Y. 2013 - 14 & 2014 - 15 I.T.A. NO 492 /VIZ/201 9 TO 494 /VIZ/201 9 , A.Y. 2012 - 13 TO 201 4 - 1 5 M/S RASHTRIYA ISPAT NIGAM LTD., VISAKHAPATNAM HYDERABAD IN I.T.A. NO.10517/CIT(A) - 9, HYD/2017 - 18, 10527/CIT(A) - 9, HYD/2017 - 18 AND 10531/CIT(A) - 9, HYD/2017 - 18 DATED 30.04.2019 FOR THE ASSESSMENT YEAR (A.Y.) 2013 - 14, 2014 - 15 AND 201 2 - 13 TO 2014 - 15 RESPECTIVELY . 2. WHEN THESE APPEALS ARE TAKEN UP FOR HEARING, LD.COUNSEL FOR THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC : (2) OF VIVAD SE VISHWAS ACT 2020 AND THE PRINCIPAL COMMISSIONER (CENTRAL), VISAKHAPATNAM WAS PLEASED TO ISSUE A CERTIFICATE IN FORM NO.3 ON 09.11.2020. LD.AR FURTHER STATED THAT O NCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER, THE APPEAL S SHALL BE DEEMED HAVE BEEN WITHDRAWN FROM THE DA T E ON WHICH FORM NO.3 IS FILED . H OWEVER, HE FURTHER SUBMITTED THAT APPEALS MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES . 3. LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITIONS FILED BY THE ASSESSEE. WE FIND THAT IN THIS CASE FORM NO.3 IS ISSUED BY THE PR.COMMISSIONER 3 I.T.A. NO. 371& 372 /VIZ/201 9, A.Y. 2013 - 14 & 2014 - 15 I.T.A. NO 492 /VIZ/201 9 TO 494 /VIZ/201 9 , A.Y. 2012 - 13 TO 201 4 - 1 5 M/S RASHTRIYA ISPAT NIGAM LTD., VISAKHAPATNAM AND THE LD.COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEALS. WE, THEREFORE, DISMISS THE APPEALS AS WITHDRAWN WITH A RIDER THAT IN CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON, IT IS OPEN FOR THE ASSESSEE TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUN AL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEALS FILED BY THE ASSESSEE AS WELL AS THE REVENUE ARE DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 4 T H JANUARY , 202 1 . S D / - S D / - ( . . ) ( ) ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / DATED : 0 4 . 01 .202 1 L.RAMA, SPS 4 I.T.A. NO. 371& 372 /VIZ/201 9, A.Y. 2013 - 14 & 2014 - 15 I.T.A. NO 492 /VIZ/201 9 TO 494 /VIZ/201 9 , A.Y. 2012 - 13 TO 201 4 - 1 5 M/S RASHTRIYA ISPAT NIGAM LTD., VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1. / THE ASSESSEE - M/S RASHTRIYA ISPAT NIGAM LTD., TAXATION CELL, F&A DEPARTMENT, 2 ND FLOOR, ADMINISTRATIVE BUILDING, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM 2. / THE REVENUE DY.COMMISSIONER OF INCOME TAX, CIRCLE - 4(1), VISAKHAPATNAM 3. THE PR.COMMISSIONER OF INCOME TAX - 2, VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 9, HYDERABAD 5. , , / DR,ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM