Celon Laboratories Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(2), Hyderabad

ITA 898/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7011 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 06-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROHIT MUZUMDARCIT
• Assessee Lawyers: NIKHIL KANODIA
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO. 898 /HYD /2019 ASSESSMENT YEAR: 201 1 - 12 CELON LABORATORIES LIMITED HYDERABAD [PAN: A ACCG1654P ] VS DY.CIT, CIRCLE 1(2) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI NIKHIL KANODIA, AR FOR REVENUE : S RI ROHIT MUZUMDAR,CIT - DR . DATE OF HEARING : 06 - 04 - 2021 DATE OF PRONOUNCEMENT : 09 - 0 4 - 2021 O R D E R PER BENCH THIS ASSESSEES APPEAL FOR AY. 201 1 - 12 ARISES FROM THE CIT(A) - 1 , HYDERABADS ORDER DATED 18.03.2019 PASSED IN CASE NO. 0003 /201 8 - 19 IN PROCEEDINGS U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; FOR SHORT THE ACT. 2. AT THE OUTSET, THE ASSESSEE FILED A WITHDRAWAL APPLICATION STA TING THAT HE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 BY WAY OF FORM NO.1 & 2, AND THAT FORM - 3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF . ITA 898 /HYD/20 19 CELON LABORATORIES P LTD.. HYD. : - 2 - : LEARNED COUNSEL FOR ASSESSEE PRAYED THAT SINCE FOR M 3 IS YET TO BE ISSUED, THE CASE MAY BE KEPT PENDING. 3. WE DISMISS THIS APPEAL AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF HIS INSTANT CASE IF THE SETTLEMENT BENEFIT IS DENIED TO HIM FOR TECH NICAL REASONS. ORDERED ACCORDINGLY. 4. TH IS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH APRIL, 2021. S D/ - SD/ - (L.P. SAHU ) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 09 /0 4 /2021 *GMV COPY OF ORDER FORWARDED TO: 1. M/S CELON LABORATORIES PVT LTD C/O CH. PARTHASARATHY & CO., 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD 500 020 . 2. DY. CIT, CIRCLE 1(2), HYDERABAD 4. CIT(A) - 1 , HYDERABAD. 5. PR.CIT - 1 , HYDERABAD 6 D.R. ITAT HYDERABAD 7. GUARD F ILE