Net Cracker Technology Solutions (India) Private Limited (Formerly Convergys Information Management India Private Limited), Hyderabad V. Asst. Commissioner of Income Tax, Circle-1(2), Hyderabad

ITA 568/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7668 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2007-2008
• Appeal Filed On: 27-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: PRATEEK SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 568 /H/201 8 ASSESSMENT YEAR: 20 07 - 08 M/S NET CRACK ER TECHNOLOGY SOLUTIONS (INDIA) PRIVATE LIMITED (FORMERLY KNOWN AS CONVERGYS INFORMATION MANAGEMENT INDIA PVT.LTD.) HYDERABAD PAN AACCC0701B VS. ACIT, CIRCLE 1(2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI PRATEEK SHAH REVENUE BY SHRI YVST SAI DATE OF HEARING: 24 /08/2021 DATE OF PRONOUNCEMENT: 25 /08/2021 O R D E R PER BENCH : THIS APPEAL FILED BY THE ASSESSEE FOR AY 20 07 - 08 IS DIRECTED AGAINST CIT(A) - 10 , HYDERABADS ORDER DATED 12/02/2018 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ;[ IN SHORT THE ACT]. 2. AT THE OUTSET, THE LD. AR ORALLY INFORMED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORMS 1 AND 2, ITA NO. 568 /HYD/201 8 M/S NET CRACKER TECHNOLOGY SOLUTIONS (INDIA) P LTD. [FORMERLY CONVERGYS INFORMATION MANAGEMENT INDIA P LTD.] : - 2 - : AND FORM 3 IS AWAITED A ND REQUESTED THE BENCH TO PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. 3. HAVING REGARD TO THE FACTS AND CIRC UMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN, SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME AND FORM - 3 IS AWAITED, WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THIS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THE ASSESSEE FOR TECHNICAL REASONS. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH AUGUST, 2021. SD/ - SD/ - (S. S. GODARA) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 25 TH AUGUST, 2021. *GMV COPY TO : 1 NET CRACKER TECHNOLOGY SOLUTIONS (INDIA) PVT. LTD., PLOT NO 5 & 43, HITECH CITY, MADHAPUR, HYDERABAD 500 082, TELANGANA 2 ACIT, CIRCLE 1(2), HYDERABAD 3 ACIT, RANGE 1, HYDERABAD 4 CIT(A) - 10 , HYDERABAD 5 PR.CIT - 4 , HYDERABAD 6 CHIEF CIT (IT) (SZ) BENGALURU 7 ITAT, DR, HYDERABAD 8 GUARD FILE. ITA NO. 568 /HYD/201 8 M/S NET CRACKER TECHNOLOGY SOLUTIONS (INDIA) P LTD. [FORMERLY CONVERGYS INFORMATION MANAGEMENT INDIA P LTD.] : - 3 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER