NMDC Limited , Hyderabad V. Asst. Commissioner of Income Tax, Circle-16(1), Hyderabad

ITA 933/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6379 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 08-04-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 31-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: LAXMINIWAS SHAR MA
• Section: 13; 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 933/HYD/2019 A.Y. 2012 - 13 NMDC LIMITED, HYDERABAD. PAN: AAACN 7325 A VS. ACIT, CIRCLE - 16(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI LAXMI NIWAS SHARMA REVENUE BY: SHRI RAJENDRA KUMAR, DR DATE OF HEARING: 08/04/2021 DATE OF PRONOUNCEMENT: 19/04/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX - 4, DATED IN F.NO. PR. CIT - 4/263/21/2018 - 19, DATED 28/03/2019 PASSED U/S. 263 OF THE ACT FOR THE A.Y. 2012 - 13. 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED 2 FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED , THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR STATED THAT IF THE ASSESSEE DESIRES TO OPT VIVAD - SE - VISHWAS SCHEME, THE DEPARTMENT HAS NO OBJECTION. 4. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INC LINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE ASSESSEE THAT HE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND FORM - 3 IS AWAITING TO RECEIVE FROM THE REVENUE. THE LD. DR HAS ALSO CONC EDED TO THE REQUEST OF THE ASSESSEE . ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE IS NOT ACCEPTED 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 APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN THE OPEN COURT ON 19 TH APRIL, 2021. SD/ - S D/ - ( SMT. P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH APRIL , 2021. OKK COPY TO: - 1) NMDC LIMITED, 10 - 3 - 311/A, KHANIJ BHAVA, CASTLE HILLS, MASAB TANK, HYDERABAD. 2) ACIT, CIRCLE - 16(1), 1 ST FLOOR, B - BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 3) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYDERABAD. 4) THE DR, ITAT, HYDERABAD 5) GUARD FILE