NSL Wind Power Campany (Phoolwadi) Private Limited , Hyderabad v. Asst. Commissioner of Income Tax, Circle-16(1), Hyderabad

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA JUDICIAL MEMBER AND LAXMI PRASAD SAHU ACCOUNTANT MEMBER ITA NO S . 2220 & 1935 /H/201 8 A SSESSMENT Y EAR : 20 1 2 - 1 3 & 20 1 4 - 15 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYDERABAD. PAN A AJCS 4220 J VS. ASST. COMMISSIONER OF INCOME - TAX CIRCLE 16 (1) HYDER ABAD . (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI PRATIK SHAH REVENUE BY: S HRI SUNIL KUMAR PANDEY DATE OF HEARING: 1 7 /0 5 /2021 DATE OF PRONOUNCEMENT: 18 / 0 5 /2021 O R D E R PER BENCH: BOTH T H E S E APPEAL S FILED BY THE ASSESSEE FOR AY S 20 1 2 - 1 3 AND 20 1 4 - 15 ARE DIRECTED AGAINST CIT (A) 4 HYDERABADS SEPARATE ORDER S INVOLVING PROCEEDINGS U/S 14 3 (3) OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT. ITA NO S. 2220 & 1935 /HYD/ 20 1 8 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYD. : - 2 - : 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 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 VISH WAS SCHEME 2020 THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE WE ARE INCLINED TO TREAT THE INSTANT APPEAL S OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COUR T OF MADRAS IN THE CASE OF DCIT VS.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 INTEN DS 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 APPLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEA L 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 FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ITA NO S. 2220 & 1935 /HYD/ 20 1 8 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYD. : - 3 - : ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY A PPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 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 S OF THE ASSESSEE AS WITHDRAWN. HOWEVER WE ALSO MAKE IT CLEAR THAT IF THE ASSESSEE S CASE S ARE NOT ACCEPTED I N THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 18 TH MAY 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD DATED : 18 TH MAY 20 2 1 . KV ITA NO S. 2220 & 1935 /HYD/ 20 1 8 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYD. : - 4 - : C OPY TO : 1 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. 8 - 2 - 684/2/A NSL ICON ROAD NO. 12 BANJARA HILLS HYDERABAD 500 0 34 2 D CIT CIRCLE 16 (1) IT TOWERS AC GUARDS HYDERABAD 500 004 3 CIT( A) - 4 HYDERABAD 4 PR. CIT - 4 HYDERABAD. 5 ITAT DR HYDERABAD 6 GUARD FILE.