GR Intrachem Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(2), Hyderabad

ITA 827/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6179 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 21-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Assessee Lawyers: PHANENDRA KUMAR

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 ITA NO. A.Y. APPELLANT RESPONDENT 826/HYD/19 2012-13 GR INTRACHEM LIMITED, HYDERABAD [PAN: AABCG5372M] THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD 827/HYD/19 2015-16 FOR ASSESSEE : SHRI PHANENDRA KUMAR, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 0 1 - 0 2 - 202 1 DATE OF PRONOUNCEMENT : 02 - 0 2 - 2 02 1 O R D E R PER BENCH : THESE TWO ASSESSEES APPEALS FOR AYS.2012-13 & 2015 -16 ARISE FROM THE CIT(A)-2, HYDERABADS ORDER DATED 09-0 4-2019 PASSED IN APPEAL NOS.2/10472/2017-18/CIT(A)-2 & 10480/2017-18/CIT(A)-2, IN PROCEEDINGS U/S.143(3) R .W.S.263 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 THE ASSESSEE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 IN PRESCRIBED FORM NO.1 & 2 AND FORM(S )-3 IN TUNE THERETO; ALSO STAND ISSUED. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THESE TWO CA SES IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN ITA NOS. 826 & 827/HYD/2019 :- 2 -: TUNE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THESE APPE ALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM(S)-3, NO P URPOSE WOULD BE SERVED IF THESE CASES ARE KEPT PENDING. WE TH EREFORE ORDER THAT THESE TWO APPEALS BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THESE CASES, IF THE S ETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THE ASSESSEE FOR TECHNICAL REASONS. 4. BOTH THESE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND FEBRUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 02-02-2021 TNMM ITA NOS. 826 & 827/HYD/2019 :- 3 -: COPY TO : 1.GR INTRACHEM LIMITED, HOUSE NO.3-6-29/1, L.B.NAGA R, HYDERABAD. 2.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD. 3.CIT(APPEALS)-2, HYDERABAD. 4.PR.CIT-2, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.