Assistant Commissioner OF Income Tax Central Circle1-(2), Hyderabad V. M/s. VPR Mining Infrastructure Pvt Ltd, Hyderabad

ITA 89/Hyd/2021

AI Insights

The case involves appeals by the Revenue against the orders of the Learned Commissioner of Income Tax (Appeals) - 11, Hyderabad, concerning the assessment years 2012-13 and 2015-16. The assessee, M/s. VPR Mining Infrastructure Private Limited, had opted for the Vivad se Vishwas Scheme, 2020, to settle disputes with the tax department. Initially, their application was rejected, leading to a writ petition in the Telangana High Court, which directed the PCIT(Central) to issue the necessary certificate under the scheme. Following compliance with the High Court's order, the Revenue's appeals were dismissed.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122419 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 12-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 27-01-2021
• Other Referred Cases: W.P.No.8078 of 2021
• Laws Referred To: Vivad se Vishwas Scheme, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B’ Bench, Hyderabad Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member O R D E R PER LALIET KUMAR, J.M. The captioned appeals are filed by the Revenue, feeling aggrieved by the separate orders passed by the Learned Commissioner of Income Tax (Appeals) – 11, Hyderabad dated 28.08.2020 for A.Ys. 2012-13 and 2015-16. 2. The appeal vide ITA No.90/Hyd/2021 filed by the Revenue is barred by limitation by 51 days. The Revenue has moved a condonation petition explaining reasons therein. We have heard both the parties on this preliminary issue. Having regard to the reasons given in the petition, we condone the delay and admit the appeal for hearing. ITA.Nos.89 & 90/Hyd/2021 Assessment Years: 2012-13 and 2015-16 Asst. Commissioner of Income Tax, Central Circle – 1(2), Hyderabad. Vs. M/s. VPR Mining Infrastructure Private Limited, Hyderabad. PAN : AACCV6733A (Appellant) (Respondent) Assessee by: Shri S.K. Gupta. Revenue by : Shri Jeevan Lal Lavidiya. Date of hearing: 13.04.2023 Date of pronouncement: 18.04.2023 2 3. At the outset, the ld. AR for the assessee had submitted that for these two assessment years i.e., 2012-13 and 2015-16, the assessee had opted for Vivad se Vishwas Scheme, 2020 for the settlement of dispute and accordingly, had submitted form 1 and 2 with the Department on 30.12.2020. However, for the reasons best known to them, the PCIT(Central), had rejected the application filed by the assessee under Vivad se Vishwas Scheme, 2020. 3.1. Against the order of rejection, the assessee preferred Writ Petition No.8078 of 2021 before the Hon'ble High Court of Telangana, which in turn directed PCIT(Central), vide order dt.29.04.2022, to consider the application made by the assessee and issue the requisite certificate. Pursuant to the direction of the Hon'ble High Court, the respondent had issued Form No.3 for both the assessment years which are placed on record. On the basis of the above, it is the contention of the ld. AR that both the appeals are required to be dismissed as withdrawn in terms of Vivad se Vishwas Scheme, 2020. 4. Per contra, the ld. DR had submitted that the Department has already approached the Hon'ble Supreme Court against the order of Hon'ble High Court in W.P.No.8078 of 2021. 5. We have heard the rival submissions and perused the material on record. Since Form III has been issued by the Department pursuant to the direction of Hon'ble High Court in W.P.No.8078 of 2021, the present appeals are required to be dismissed in terms of the stipulation made under Vivad se Vishwas Scheme, 2020. Needless to say that in case if the order 3 of the Hon'ble High Court is reversed by the Hon'ble Supreme Court, then the Revenue will have the option to move an application for revival of appeals before us. With the said observation the appeals of the Revenue are dismissed. 6. In the result, appeals of the Revenue are dismissed. Order pronounced in the Open Court on 18 th April, 2023. Sd/- Sd/- Sd/- (RAMA KANTA PANDA) ACCOUNTANT MEMBER (LALIET KUMAR) JUDICIAL MEMBER Hyderabad, dated 18 th April, 2023. TYNM/sps Copy to: S.No Addresses 1 M/s. VPR Mining Infrastructure Private Limited, 3 rd Floor, Road No.36, Jubilee Hills, Hyderabad. 2 Asst. Commissioner of Income Tax, Central Circle – 1(2), Hyderabad. 3 PCIT(Central), Hyderabad. 4 LD. DR, ITAT Hyderabad Benches 5 Guard File By Order