Veekay Tapes & Packaging Pvt.Ltd., Hyd, Hyderabad V. ITO, Ward-17(3), Hyd, Hyderabad

ITA 897/HYD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6737 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 20-01-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 15-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 896 & 897/HYD/2016 ASSESSMENT YEAR: 2007 - 08 AND 2012 - 13 M/S. VEEKAY TAPES & PACKAGING PVT LTD., HYDERABAD. PAN: AABCV 0826 H VS. INCOME TAX OFFICER, WARD - 17(3), HYDERABAD 500 004. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 20/01/2021 DATE OF PRONOUNCEMENT: 21 / 01 /2021 ORDER PER A. MOHAN ALANKAMONY, AM.: TH ESE APPEAL S ARE FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 5 , HYDERABAD IN APPEAL NO. 0689 & 0694/CIT(A) - 5/2014 - 15, DATED 29/03/2016 PASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE AY: 20 07 - 08 AND 2012 - 13. 2. AT THE TIME OF HEARING, NONE APPEARED BEFORE US TO REPRESENT THE APPEALS OF THE ASSESSEE . HOWEVER, ON PERUSING THE RECORD, WE FIND THAT THE LD. AR HAS FILED WRITTEN SUBMISSIONS BEFORE THE TRIBUNAL WHEREIN IT IS STATED THAT THE ASSESSEE DESIRES TO WITHDRAW ITS APPEAL S AS IT HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME AND ACCORDINGLY FILED FORM NO.1 & 2 AND RECEIVE D FORM - 3 FROM THE REVENUE FOR THE A.Y. 2007 - 08 AND 2012 - 13 . IT WAS THEREFORE PLEADED, THAT THE APPEAL S OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE SUBMISSIONS OF THE LD. AR . 4 . HAVING HEARD THE LD. DR AND ON PERUSAL OF THE LD. AR'S WRITTEN SUBMISSIONS , W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND ALSO RECEIVED FORM NO .3 FROM THE REVENUE FOR THE A.Y. 2007 - 08 AND 2012 - 13 . THE LD. DR HAS ALSO CONCEDED TO THE LD. AR 'S SUBMISSIONS . A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE S ARE NOT A CCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE RELEVANT APPEAL / S . IT IS ORDERED ACCORDINGLY. PRONOUNCED IN THE OPEN COURT ON 21 ST JANUARY, 2021. SD / - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 21 ST JANUARY, 2021. OKK COPY TO: - 1. M/S. VEEKAY TAPES & PACKAGING PVT LTD C/O. CH. PARTHASARTHY & CO., 1 - 1 - 298/2/B/3, 1 ST FLOOR, SOWBHAGYA AVENUE, STREET NO.1, ASHOKNAGAR, HYDERABAD 500 020. 2. THE INCOME TAX OFFICER, WARD - 17(3), 9 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD (PREVIOUSLY 6 TH FLOOR, IT TOWERS, AC GUARDS, HYDERABAD. 3. THE COMMISSIONER OF INCOME TAX (A PPEALS) - 5 , HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 5 , HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE