Max Infra (I) Limited, Hyderabad v. Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad

ITA 1537/Hyd/2017 | 2009-2010
Pronouncement Date: 19-03-2021 | Result: Dismissed

Appeal Details

RSA Number 153722514 RSA 2017
Assessee PAN AAACU3999B
Bench Hyderabad
Appeal Number ITA 1537/Hyd/2017
Duration Of Justice 3 year(s) 6 month(s) 17 day(s)
Appellant Max Infra (I) Limited, Hyderabad
Respondent Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 19-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB-B
Tribunal Order Date 19-03-2021
Date Of Final Hearing 16-03-2021
Next Hearing Date 16-03-2021
Last Hearing Date 05-07-2018
First Hearing Date 21-10-2020
Assessment Year 2009-2010
Appeal Filed On 01-09-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA JUDICIAL MEMBER AND LAXMI PRASAD SAHU ACCOUNTANT MEMBER ITA NO. 1537 /H/201 7 A SSESSMENT Y EAR : 20 09 - 10 MAX INFRA (INDIA) LTD. HYDERABAD. PAN A AACU 3999B VS. ASST. COMMISSIONER OF INCOME - TAX CIRCLE 16(2) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. SANDHYA REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 6 /0 3 /2021 DATE OF PRONOUNCEMENT: 19 /0 3 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 09 - 10 IS DIRECTED AGAINST CIT(A) - 4 HYDERABADS ORDER DATED 2 3 / 1 2 /201 6 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO ITA NO. 1537 /HYD/ 20 1 7 MAX INFRA (I) LTD. HYD. : - 2 - : PAUCITY OF TIME HOWEVER HE ASSURED THE BENCH THAT THE FORM NO.1&2 SHALL BE FILED SHORTLY. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME 2020 THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE WE A RE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019 DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE ON INSTRUCTIONS SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD THE ASSESSEE IS TAKING STEPS TO FILE THE AP PLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN F AVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLAN EOUS PETITION FOR RESTORATION THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. ITA NO. 1537 /HYD/ 20 1 7 MAX INFRA (I) LTD. HYD. : - 3 - : 8. IN THE LIGHT OF THE ABOVE WE DIRECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019. ACCORDINGLY WE HEREBY DISMISS THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER WE ALSO MAKE IT CLEAR THAT IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE TH EN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PR ONOUNCED IN THE OPEN COURT ON 19 TH MARCH 2021 . (SATBEER SINGH GODARA) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD DATED : 19 TH MARCH 20 2 1 . KV ITA NO. 1537 /HYD/ 20 1 7 MAX INFRA (I) LTD. HYD. : - 4 - : C OPY TO : 1 MAX INDIA (I) LTD. PLOT NO. 319 & 320 EAST AVENUE BUILDING AYYAPPA SOCIETY MADHAPUR HYDERABAD 500 0 81 2 AC IT CIRCLE 1 6 ( 2 ) IT TOWERS AC GUARDS HYDERABAD - 04 3 CIT(A) 4 HYDERABAD 4 PR. CIT 4 HYDERABAD. 5 ITAT DR HYDERABAD 6 GUARD FILE.