M/s.Imerys Ceramics [India] Pvt Ltd vs. The Deputy Commissioner of Income Tax

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ITTA/463/2012HC TelanganaHBHC01044624201206 September 2021Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted permission to withdraw the appeal. The appeal was consequently dismissed as withdrawn, with liberty to revive if the scheme did not provide a favorable outcome.

What were the facts?

The appellant sought permission to withdraw their appeal before the High Court. This withdrawal was requested in light of an order passed under the Direct Tax Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the appellant should be permitted to withdraw their appeal due to a favorable resolution under a tax settlement scheme.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE S] AT HYDE#JiDOF TELANGANA Between: tril/s.lmerys Ceramics India] Pvt Ltd., 4th Floor, Koti's Court, Somajiguda, Hyderabad. AND The Deputy Commissioner of lncome Tax, Circle-2 [1], Hyderabad Raj Bhavan Road, ...APPELLANT ..RESPONDENT r.A.NO.1 0F 2021: Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed therewith, the Hon'ble court may be pleased to permit the appellant company to withdraw the appeal for Asst. Year 2007-2008 bearing ITTA No.463 ol 2012 under the VSV Scheme in the interest of justice. For the Appellant : SRI Y.RATNAKAR, Advocate For the Respondent : SRI B.NARASIMHA SARMA, SC l.T. DEPT. The Court made the following: ORDER MON?IY_.IIE sixTH DAY OF sEPrEr\rBER TWo THoUSAND AND rwervry or.re HONOURABLE TH E ACTI NG "'#5.:5i,IE S RI M.S.RAMACHAND RA RAO rHE HoNouReere s$I?slcE r.vtNoD KUMAR l.A.NO: 1 OF 2021 IN/AND r.r.r.a. N6:7o5or eorz Income Tax Tribunar Appear under sectron 260-4 of the Income Tax Act, 196.1 , against the order dated o2lo7l2o12 in lrA No.43/Hyd/2oio-A.y. 2006-2007 on the fite of the Income Tax Apperrate Tribunar, Hyderabad Bench 'B' Hyderabad, the Assessment Year 2006-2007, preferred against the order dated 15/06/2010 in Appeat No.trA 0156/clr(a)-lll 09-10 on the flle of the commissioner of lncome Tax (Appears-V), Hyderabad, preferred against the order dated 30/1 1/2009 in GIR J-o43/AAACJ74240 on the file of the lncome Tax Officer, Ward, Circle 2(1 ), Hyderabad.

HONOURABLE THE ACTING CHIEF JUSTICE SRI M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR cOMMON ORDER: (Pet the Acting Chief Justice Si M S.Ramachandra Rao) The appellant has filed I'A.No' 1 of 2O2l seeking permission to withdraw the appeal in view of the order in Form No.3 dated 13.01.2021 passed under the Direct Tax Vivad se Vishwas Scheme, 2020. 2. Having regard to the said plea, LA.No.1 of 202 1 is iL1;pe a1 ordered and ITTA. No.zi63 of 2012 is dismissed as u,ithdrawn in the er.ent, the appellant does not get lavourable relief under the said scheme, it is granted liberty to revive this 3 Pending miscellaleous petitions, if any, in this appeal shall also stand dismissed Sd/-[/.SANTHI VARDHANI .,OINT REGISTRAR //TRUE COPY// @ SECTION OFFICER To 1. 2. 2 4. 5. 6. 7. Kj The Chairman, lncome Tax Appellate Tribunal Bench 'B', Hyderabad. The Commissioner of lncome Tax Appeal -2(1), Hyderabad. The lncome Tax Officer, Circle-2(1), Hyderabad. One CC to Sri Y,Ratnakar, Advocate (OPUC) One CC to Sri B,Narasimha Sarma, Advocate (OPUC) Two CD Copies One Spare Copy I.A. No.1 of 2O21 INfAND I.T.T.A. No.463 OF 2O12

HIGH COURT DATED:06/09/2021 COMMON ORDER l,A.No.1 of 2021 ln/and ITTA.No.463 oi 2012 I.A. OROERED. ITTA DISMISSING AS WITHDRAWN. a 2tt1 SEP L1 4- U L' C) * .t ad IIF-pi

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