Vivin Laboratories Private Limited , Hyderabad V. Income Tax Officer, TDS, Ward-2(3), Hyderabad

ITA 506/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8645 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 25-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 09-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: C P RAMASWAMY
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 506/HYD/2019 ASSESSMENT YEAR: 2014-15 M/S.VIVIN LABORATORIES PRIVATE LIMITED, HYDERABAD [PAN: AAACF8021F] VS ITO(TDS), WARD-2(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI C.P.RAMASWAMY, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 24-03-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2014-15 IS DIRECTED A GAINST THE CIT(A)8, HYDERABADS ORDER DATED 31-01-2019 PAS SED IN APPEAL NO.10598 / CIT(A)-8 / HYD / 2017-18 INVOLVIN G PROCEEDINGS U/S.200A OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH THE ASSES SEE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VI VAD SE VISWAS SCHEME-2020 BY WAY OF FORM NO.1 & 2 BUT FORM (S)-3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THER EOF. ITA NO. 506/HYD/2019 :- 2 -: 3. THE ASSESSEES SOLE PLEA IN THIS CASE THEREFROM IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT PLE AS, THIS APPEAL MAY NOT BE DISMISSED AS WITHDRAWN AS ON D ATE. WE FIND NO MERIT IN ASSESSEES ABOVE STATED CONTENTION PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY FILED FOR SETTLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF THIS APPEAL IS KEPT PENDING TILL THE TIME THE ABOVE STATED S ETTLEMENT SCHEME IS IN OPERATION. WE DISMISS THIS APPEAL AS WIT HDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE A SSESSEE TO FILE FOR REVIVAL OF ITS CORRESPONDING CASE IF THE S ETTLEMENT BENEFIT IS DENIED TO IT FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 24-03-2021 TNMM ITA NO. 506/HYD/2019 :- 3 -: COPY TO : 1.M/S.VIVIN LABORATORIES PRIVATE LIMITED, 2A&3A, RO AD NO.10C, JUBILEE HILLS, HYDERABAD. 2.THE INCOME TAX OFFICER, TDS, WARD-2(3), HYDERABAD . 3.CIT(APPEALS)-8, HYDERABAD. 4.CIT-TDS, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.