M/S. IMERYS CERAMICS (INDIA) PVT. LTD., vs. THE DEPUTY COMMISSIONER OF INCOME TAX, HYD

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD PRESENT THE HON'BLE THE ACTING CHIEFJUSTICE M.S.RAMACHANDRA RAO AND THE HON'BLE SRI JUSTICE T,VINOD KUMAR INCOME TAX TRIBUNAL APPEAL NO: 403 OF 2012 l.T.T.A.No.403 ol 2012: lncome Tax Tribunal Appeal under Section 260-4 of the lncome Tax Act, 1961 against the order dated 02.07.2012 in l.T.A.No.870lHydl2010, 431H12010, 1056/Hyd/2010 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad the Assessment Years 2005-2006, 2006-2007, 2007-2008, preferred against the order dated 29.04.2010 in Appeal No.0135/ClT (A)- lll/09-10 on the file of the Commissioner of lncome Tax (Appeals lll), Hyderabad preferred against the order dated 05.11.2009 in PAN/GIR No.J-043/AAACJ7424Q on the file of the lncome Tax Officer, Circle 2 (1), Hyderabad. Between: tV/s. lmerys Ceramics (lndia) Pv.t. Ltd., 4th Floor, Koti's Court, Raj Bhavan Road, Soma.jiguda, Hyderabad ...APPELLANT AND The Deputy Commissioner Of lncome Tax, Circle 2('1 ), Hyderabad ...RESPONDENT lA NO: 'f OF 2021 Petition under Section 151 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 Assessment Year 2005-2006, bearing ITFA No.403 of 2012, under the VSV Scheme in the interest of justice. Counsel for the Appellant: SRI Y. RATNAKAR Counsel for the Respondent: SRI B. NARASIMHA SARMA, SC FOR l.T. DEPT. The Court made the following: COMMON ORDER MONDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE t.A.NO.'t OF 2021 IN/AND

HONOURABLE THE ACTING CHIEF JUSTICE SRI M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR COMMON ORDER: (Per the Acting Chief Justice Si M.S.Ramachondra Rao) The appellant has fited I'A.No.1 of 2027 seeking permission to withdraw the appeal in view of the order in Form No.3 dated 13.01.202 1 passed under the Direct Tax Vivad se Vishwas Scheme, 2020. 2. Having regard to the said plea, I.A.No.i of 202 1 is ordered and ITTA.No.4O3 of 2Ol2 is dismissed as withdrawn' In the event, the appellant does not get favourable relief under the said scheme, it is granted liberty to revive this appeal. a !) Pending miscellaneous petitions, if any, in this appeal sha11 also stand dismissed. I //TRUE COPY// SD/- M.SANTHI VARDHANI JOINT REGISTRAR SECTION OFFICER To, '1 . The Chairman, lncome Tax Appellate Tribunal 'B' Bench, Hyderabad 2. The Commissioner of lncome Tax Appeals -lll, Hyderabad. 3. The lncome Tax Officer, Circle 2 (1), Hyderabad. 4. One CC to Sri Y. Ratnakar, Advocate IOPUCI 5. One CC to Sri B. Narasimha Sarma, SC for l.T. Department [OPUC] 6. Two CD Copies 7. One Spare Copy gbr I.A, No.1 of 2021 IN/AND I.T.T.A. No.4O3 OF 2012 *-

HIGH COURT DATED: 0610912021 COMMON ORDER <i "s + 3H h * ! L: A F C 0 t ORDERING THE I.A. AND DISMISSING THE ITTA AS WITHDRAWN, fiu/ ?)\ o ^\ (q) l.A.No.1 of 2021 IN/AND |TTA.No.4O3 of 2A12