Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam v. Bharat Heavy Plates & Vessels Limited, Visakhapatnam

ITA 478/VIZ/2018 | 2009-2010
Pronouncement Date: 03-03-2021 | Result: Dismissed

Appeal Details

RSA Number 47825314 RSA 2018
Assessee PAN AAACB7076N
Bench Visakhapatnam
Appeal Number ITA 478/VIZ/2018
Duration Of Justice 2 year(s) 5 month(s) 6 day(s)
Appellant Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam
Respondent Bharat Heavy Plates & Vessels Limited, Visakhapatnam
Appeal Type Income Tax Appeal
Pronouncement Date 03-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 03-03-2021
Last Hearing Date 10-01-2019
First Hearing Date 10-01-2019
Assessment Year 2009-2010
Appeal Filed On 25-09-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM . . BEFORE SHRI N.K.CHOUDHRY HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 4 78 /VIZ/20 18 ( / A SSESSMENT Y EAR : 20 09 - 10 ) ASST.COMMISSIONER OF INCOME TAX CIRCLE - 1(1) VISAKHAPATNAM VS . M/S BHARAT HEAVY PLATES & VESSELS LTD. 10 - 3 ADMINISTRATIVE BUILDING BHPV POST NATHAYYAPALEM VISAKHAPATNAM [PAN : AAACB7076N] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SMT. SUMAN MALIK DR / RESPONDENT BY : SHRI I.KAMA SASTRY AR / DATE OF HEARING : 03 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 03 .0 3 . 202 1 / O R D E R P ER D.S.SUNDER SINGH ACCOUNTANT MEMBER : TH IS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 1 VI SAKHAPATNAM IN ITA NO. 283 / 201 1 - 1 2/ACIT C - 3(1) VSP/2011 - 12 DATED 20 . 06 .20 1 8 FOR THE ASSESSMENT YEAR (A.Y.) 20 09 - 10 . 2 I.T.A. NO . 478 /VIZ/20 18 A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD. VISAKHAPATNAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD SE VISHWAS ACT 2020 AND THE PRINCIPAL COMMISSIONER OF INCOME TAX (PR.CIT) VI SAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 2 9 . 1 2 . 202 0 . FORM NO.3 IS A CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 ISSUED BY THE PR.CIT DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCH EME. THUS ON ISSUE OF THE CERTIFICATE IN FORM NO.3 THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT. THE ASSESSEE HAS FILED A LETTER DT. 16 .0 2 .2021 WITHDRAWING THE APPEAL. DURING THE APPEAL HEARING THE LD.DR DID NOT OBJECT FOR DISMISSAL OF APPEAL AS WITHDRAWN. HOWEVER SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. WE HAVE HEARD BOTH THE SIDES A ND GONE THROUGH THE FORM NO.3 AND ALSO THE PETITION FILED BY THE ASSESSEE PRAYING FOR DISMISSAL OF THE DEPARTMENTAL APPEAL AS THE ISSUE IS SETTLED UNDER VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE 3 I.T.A. NO . 478 /VIZ/20 18 A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD. VISAKHAPATNAM APPEA L AS REQUESTED BY THE ASSESSEE SINCE THE PR.CIT HAD ISSUED FORM NO.3 DETERMINING THE TOTAL TAX LIABILITY AS PER SUB SECTION (1) OF SECTION 5 OF VIVAD SE VISHWAS ACT TOWARDS FULL AND FINAL SETTLEMENT OF THE TAX DUES. SINCE THE DISPUTE IS SETTLED UNDER T HE VIVAD SE VISHWAS SCHEME AND ACCEPTED BY THE PR.CIT THE APPEAL FILED BY THE DEPARTMENT BECOMES INFRUCTUOUS HENCE THE SAME IS DISMISSED. H OWEVER IT IS OPEN TO THE DEPARTMENT TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO NON PAYMENT OF TAXES AS SPECIFIED IN FORM NO.3 OR ANY UNFORESEEN CONTINGENCIES. ACCORDINGLY THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT REVENUES APPEAL IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MARCH 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 03 .0 3 .2021 L.RAMA SPS 4 I.T.A. NO . 478 /VIZ/20 18 A.Y.20 09 - 10 M/S BHARAT HEAVY PLATES & VESSELS LTD. VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX CIRCLE - 1(1) VISAKHAPATNAM 2 . / THE ASSESSEE M/S BHARAT HEAVY PLATES & VESSELS LTD. 10 - 3 ADMINISTRATIVE BUILDING BHPV POST NATHAYYAPALEM VISAKHAPATNAM 3. THE PR. COMMISSIONER OF INCOME TAX - 1 VI SAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 VISAKHAPATNAM 5 . / DR ITAT VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT VISAKHAPATNAM