NSJ Wind Power Company (Phoolwadi) Private Limited, Hyderabad v. Dy. Commissioner of Income Tax , Circle-16(1), Hyderabad

ITA 478/Hyd/2018 | 2013-2014
Pronouncement Date: 18-05-2021 | Result: Dismissed

Appeal Details

RSA Number 47822514 RSA 2018
Assessee PAN AAJCS4220J
Bench Hyderabad
Appeal Number ITA 478/Hyd/2018
Duration Of Justice 3 year(s) 2 month(s) 12 day(s)
Appellant NSJ Wind Power Company (Phoolwadi) Private Limited, Hyderabad
Respondent Dy. Commissioner of Income Tax , Circle-16(1), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 18-05-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB-A
Tribunal Order Date 18-05-2021
Last Hearing Date 08-04-2020
First Hearing Date 17-05-2021
Assessment Year 2013-2014
Appeal Filed On 07-03-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA JUDICIAL MEMBER AND LAXMI P RASAD SAHU ACCOUNTANT MEMBER ITA NO. 478 /H/201 8 A SSESSMENT Y EAR : 20 13 - 1 4 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYDERABAD. PAN A AJCS 4220 J VS. DY . 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: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 1 3 - 1 4 IS DIRECTED AGAINST CIT (A) 4 HYDERABADS ORDER DATED 22 / 12 /201 7 INVOLVING PROCEEDINGS U/S 14 3 (3) OF THE INCOME TAX ACT 1961 ; IN SHORT THE ACT. ITA NO. 478 /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 FI LED 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HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASS ESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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 / ASSESS EE 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 APPLICATION / 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 FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ITA NO. 478 /HYD/ 20 1 8 NSL WIND POWER COMPANY (PHOOLWADI) PVT. LTD. HYD. : - 3 - : 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 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 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. 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. 478 /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.