M/S GOLKONDA ALUMINIUM EXTRUSION LIMITED( FORMERLY ALUMECO INDIA EXTRUSION LTD),MEDAK vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-15(1), HYDERABAD

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ITA 2148/HYD/2017Status: DisposedITAT Hyderabad26 April 2021AY 2013-144 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided to treat the assessee's appeal as withdrawn. This decision was based on the precedent set by the Hon'ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels P. Ltd. The Tribunal noted that the assessee had expressed its intention to avail the 'Vivad Se Viswas' scheme and had taken steps to file the necessary declaration. The Revenue had no objection to this course of action. The Tribunal, therefore, dismissed the appeal as withdrawn. However, it provided a liberty to the assessee to file a Miscellaneous Petition before the Tribunal to reinstate its appeal if its case was not accepted under the 'Vivad-se-Vishwas' Scheme by the Revenue for any reason on a subsequent date. The operative direction was to dismiss the appeal as withdrawn with the aforementioned liberty.

What were the facts?

The assessee, Golkonda Aluminum Extrusions Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT) against the order of the Assistant Commissioner of Income-tax (ACIT), Circle - 15(1), Hyderabad, dated 16/10/2017. This order was passed under Section 143(3) read with Section 92CA and 144C of the Income Tax Act, 1961, for the Assessment Year 2013-14. At the outset of the hearing, the assessee's Authorized Representative (AR) informed the Tribunal that the assessee intended to avail the 'Vivad Se Viswas' scheme and had submitted a letter to that effect. The Revenue's Representative (DR) stated that the Revenue had no objection if the assessee wished to avail the scheme.

What were the issues?

1. Whether the assessee's appeal should be dismissed as withdrawn, given its intention to avail the 'Vivad Se Viswas' scheme? Assessee's Contention: The assessee, through its AR, stated its desire to avail the 'Vivad Se Viswas' scheme and presented a letter dated 16/04/2021 to the Assistant Registrar, ITAT, Hyderabad, indicating this intention. The assessee relied on the procedural steps taken to apply for the scheme. Revenue's Contention: The Revenue, through the DR, stated that it had no objection to the assessee availing the 'Vivad Se Viswas' scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 92CA,Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri Chaitanya Krishna
Hearing: 21/04/2021Pronounced: 26/04/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2013-14 is directed against ACIT – 15(1), Hyderabad’s order dated 16/10/2017 involving proceedings u/s 143(3) rws 92CA and 144C of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: Golkonda Aluminium Extrusions Ltd., Hyd. 2. At the outset, Ld. AR submitted before us that the assessee desires to avail ‘Vivad Se Viswas’ scheme. In this connection, he invited our attention to the letter dated 16/04/2021 addressed to Assistant Registrar, ITAT, Hyderabad wherein it was stated that the assessee has received Form No. 3, which is enclosed, and the same is available on record.

3.

The Ld. DR submitted that if the assessee desires 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 assessee as withdrawn relying on the decision of the Hon’ble 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 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 :- 3 -: Golkonda Aluminium Extrusions Ltd., Hyd. under Section 4 of the said Act is not in favour 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 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, then 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, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 26th April, 2021.

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