Dy. Commissioner of Income Tax ,International Taxation-1, Hyderabad V. Energy Solutions International Inc., , Hyderabad

ITA 991/Hyd/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8667 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 17-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C V PAWAN KUMAR
• Assessee Lawyers: NITHIN

Judgement Text

ITA NO 991 OF 2018 ENERGY SOLUTIONS INTERNATIONAL I NC CHENNAI. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.991/HYD/2018 (ASSESSMENT YEAR:2013-14) DY. COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-1, HYDERABAD VS M/S. ENERGY SOLUTIONS INTERNATIONAL INC. C/O. BMR & ASSOCIATES LLP, CA CHENNAI PAN:AACCE6415G (APPELLANT) (RESPONDENT) FOR REVENUE: SHRI C.V. PAWAN KUMAR, DR FOR REVENUE : SHRI NITHIN O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2013-14 AGAINS T THE ORDER OF THE CIT (A)-10, HYDERABAD, DATED 19.02 .2018. AT THE TIME OF HEARING THE LEARNED DR HAS FILED A LETTER O F THE DY. CIT-I HYDERABAD, DATED 27.12.2018 SEEKING PERMISSION TO W ITHDRAW THE APPEAL. THE CONTENTS OF THE LETTER ARE AS UNDER: SUB: WITHDRAWAL OF APPEAL PENDING BEFORE HON'BLE I TAT, HYDERABAD IN THE CASE OF M/S. ENERGY SOLUTIONS INC, USA A.YS 2013-14, PAN-AACCE6415G REQUEST REG. REF: CIT (IT&TP) HYDERABAD LETTER F.NO.CIT (IT&TP)/4/ITAT/2018-19 DATED 31.10.2018 FOR A.Y 2013-14. IT IS SUBMITTED THAT APPEAL IS PENDING BEFORE HON'B LE ITAT IN THE CASE OF M/S. ENERGY SOLUTIONS INC, USA FOR T HE A.Y 2013-14 (PAN: AACCE6415G) VIDE ITA DATE OF HEARING : 02.04.2019 DATE OF PRONOUNCEMENT: 09.04.2019 ITA NO 991 OF 2018 ENERGY SOLUTIONS INTERNATIONAL I NC CHENNAI. PAGE 2 OF 2 NO.991/HYD/2018. IN VIEW THE CBDT CIRCULAR NO.03/2018 IN F.NO.279/MISC.142/2007-ITJ(PT.) DATED 20/08/2018, A PROPOSAL SEEKING APPROVAL OF THE CIT (IT&TP), HYDERABAD WAS SUBMITTED FOR WITHDRAWAL OF APPEAL PENDING BEFORE HON'BLE ITAT SINCE THE TAX EF FECT INVOLVED IS LESS THE PRESCRIBED MONITORY LIMIT. THE LEARNED CIT (IT&TP), HYDERABAD, VIDE LETTER REFERRED ABOVE, HAS ACCORDED PERMISSION FOR WITHDRAWAL OF THE APPEAL. IN THE LIGHT OF THE ABOVE, IT IS REQUESTED THAT THE FOLLOWING APPEAL PENDING BEFORE HON'BLE ITAT MAY KINDLY BE WITHDRAWN . NAME OF THE CASES A.Y APPEAL NO. ENERGY SOLUTIONS INC 2013-14 ITA NO.992/HYD/2 018 YOURS FAITHFULLY, SD/- SATYA PINISETTY) DY.CIT-I IINTERNATIONAL TAXATION) HYDERABAD 2. TAKING THE SAME INTO CONSIDERATION, THE REVENUE S APPEAL IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH APRIL, 2019. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 9 TH APRIL, 2019. VINODAN/SPS COPY TO: 1 DY. CIT-I, INTERNATIONAL TAXATION, 5 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, OPP: LB STADIUM, HYDERABAD 500004 2 M/S. ENERGY SOLUTIONS INTERNATIONAL INC. C/O BMR & ASSOCIATES LLP, C.A. SUDHA CENTRE, 2 ND FLOOR, DR. RADHA KRISHNAN SALAI, MYLAPORE, CHENNAI 600004 3 CIT (A)-10 HYDERABAD 4 CIT (IT & TP) HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER