Income Tax Appellate Tribunal - Hyderabad
Tecumseh Products India Private ... vs Dcit, Circle-2(2), Hyderabad, ... on 15 March, 2021
1
IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCH "A", HYDERABAD
(Through Virtual Hearing)
BEFORE SHRI A. MOHAN ALANKAMONY,
ACCOUNTANT MEMBER
AND
SHRI S.S. GODARA, JUDICIAL MEMBER
ITA No. 471/Hyd/2016
(A.Y. 2011-12)
Tecumseh Products India VS. ACIT,
Private Limited, Circle-2(2),
Hyderabad. Hyderabad.
PAN: AABCT 6893 J
Assessee by: Shri Shreya Jain
Revenue by: Smt. Nivedita Biswas, DR
ITA No.935/Hyd/2017
(A.Y. 2012-13)
Tecumseh Products India VS. DCIT,
Private Limited, Circle-2(2),
Hyderabad. Hyderabad.
PAN: AABCT 6893 J
Assessee by: Shri Shreya Jain
Revenue by: Smt. Nivedita Biswas, DR
Date of hearing: 04/03/2021
Date of pronouncement: 16/03/2021
ORDER
PER A. MOHAN ALANKAMONY, A.M:
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These two appeals are filed by the assessee against the directions of the Ld. Members of Dispute Resolution Panel -1, Bengaluru in F. No.226/CIT/DRP/2015 -16, dated 31/12/2015 and F. No. 150/DRP-BNG/2016-17, dated 13/12/2016 passed U/s. 144C(5) of the Act for the A.Y.s 2011-12 and 2012-13.
2. At the outset, Ld. AR submitted before us that the assessee desires to avail 'Vivad Se Viswas' scheme for the AYs 2011-12 and 2012-13. 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 filed shortly.
3. The Ld. DR submitted that if the assessee desires to avail the Vivad se Vishwas scheme the Revenue has no objection.
4. Having heard both the parties through video conference, we are inclined to treat the appeals of the assessee as withdrawn relying on the decision of the Hon'ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels P. Ltd in T.C.A. No. 694 of 2019, dated 13/10/2020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:
"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 entertain the 3 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."
Accordingly, we hereby dismiss the instant two appeals of the assessee for the AYs 2011-12 and 2012-13 as withdrawn granting liberty to the assessee to file Miscellaneous Petition/s before the Tribunal within the time limit prescribed under the Act to reinstate the appeal/s if the assessee's case/s are not accepted in the Vivad-Se-Vishwas scheme by the Revenue for whatsoever may be the reason. It is ordered accordingly.
5. In the result, two appeals filed by the assessee are dismissed as withdrawn.
Pronounced in the open Court on the 16 th March, 2021.
Sd/- Sd/-
(S.S. GODARA) (A. MOHAN ALANKAMONY)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Hyderabad, Dated: 16th March, 2021.
OKK
Copy to:-
1) Tecumseh Products India Private Limited, 9 -40, Balanagar
Township, Hyderabad - 500 037.
2) DCIT, Circle-2(2), R.No. 513, 5 t h Floor, Signature Towers, Opp.
Botanical Garden, Kondapur, Hyderabad.
(ii) ACIT, Circle-2(2), R.No. 824, B-Block, 8 t h Floor, IT Towers, Opp. Mahaveer Hospital, AC Guards, Hyderabad.
3) The Dispute Resolution Panel-1, Bangaluru. 4
4) The Deputy Commissioner of Income Tax (Transfer Pricing Officer)-2, Hyderabad.
(ii) Joint Commissioner of Income Tax (Transfer Pricing), Hyderabad.
5) The DR, ITAT, Hyderabad
6) Guard File