M/s. Raghavendra Constructions, Visakhapatnam V. The Deputy Commissioner Of Income Tax, Circle-3(1), Visakhapatnam

CO 155/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9140 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 19-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 598 /VIZ/2019 ( / A SSESSMENT Y EAR : 201 1 - 1 2 ) DY.COMMISSIONER OF INCOME TAX CIRCLE - 3 (1) VISAKHAPATNAM VS . M/S RAGHAVENDRA CONSTRUCTIONS D.NO.10 - 183, VISALAKSHINAGAR VISAKHAPATNAM [PAN : AA EFR6254P ] ( / APPELLANT) ( / RESPONDENT) CO NO.155/VIZ/2019 (ARISING OUT OF I.T.A.NO.598/VIZ/2019) ( / A SSESSMENT Y EAR : 2011 - 12) M/S RAGHAVENDRA CONSTRUCTIONS D.NO.10 - 183, VISALAKSHINAGAR VISAKHAPATNAM [PAN : AA EFR6254P ] VS . DY.COMMISSIONER OF INCOME TAX CIRCLE - 3(1) VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) /REVENUE BY : SMT.SUMAN MALIK, DR / ASSESSE E BY : SHRI C.SUBRAHMANYAM, AR / DATE OF HEARING : 18.03.2021 / DATE OF PRONOUNCEMENT : 18.03.2021 / 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, VISAKHAPATNAM IN ITA 2 I.T.A. NO . 598 /VIZ/20 19 & CO NO. 155/VIZ/2019 , A.Y.20 1 1 - 1 2 M/S RAGHAVENDRA CONSTRUCTIONS ., VISAKHAPATNAM NO. 0212 /201 5 - 1 6/CIT(A) - 1,VSP DATED 25 .0 7 .2019 FOR THE ASSESSMENT YEAR (A.Y.) 201 1 - 1 2 AND THE CROSS OBJECTIONS ARE FILED BY THE ASSESSEE. 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, THE LD.AR 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 - 1 , VISAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 17 .0 2 . 202 1 . FORM NO.3 IS A CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, WHICH IS BEING ISSUED BY THE PRINCIPAL COMMISSIONER OF INCOME TAX DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE. THUS, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE DEPARTMENT. THEREFORE, ONCE THE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER, THE APPEAL SHALL BE DEEMED TO HAVE BE EN WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED . THE LD.DR DID NOT OBJECT FOR DISMISSAL OF APPEAL, 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 PARTIES AND GONE THROUGH THE FORM NO.3 AND ALSO THE PETITION FILED BY THE ASSESSEE PRAYING FOR DISMISSAL OF THE 3 I.T.A. NO . 598 /VIZ/20 19 & CO NO. 155/VIZ/2019 , A.Y.20 1 1 - 1 2 M/S RAGHAVENDRA CONSTRUCTIONS ., VISAKHAPATNAM DEPARTMENTAL APPEAL AS THE IS SUE IS SETTLED UNDER VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE APPEAL 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 THE VIVAD SE VISHWAS SCHEME AND ACCEPTED BY THE PR.CIT, THE APPEAL FILED BY THE DEPARTMENT BECOMES INFRUCTUOUS, HENCE THE SAME IS DIS MISSED. 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 UNFORESEE N CONTINGENCIES. ACCORDINGLY, THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED AS INFRUCTUOUS. 4 . SINCE THE APPEAL OF THE REVENUE IS DISMISSED, CROSS OBJECTIONS FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND HENCE, DISMISSED. 5 . IN THE RESULT, APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. 4 I.T.A. NO . 598 /VIZ/20 19 & CO NO. 155/VIZ/2019 , A.Y.20 1 1 - 1 2 M/S RAGHAVENDRA CONSTRUCTIONS ., VISAKHAPATNAM ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH , 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 18 .0 3 .2021 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO : - 1 . / THE REVENUE DY.COMMISSIONER OF INCOME TAX , CIRCLE - 3 (1), VISAKHAPATNAM 2 . / THE ASSESSEE M/S RAGHAVENDRA CONSTRUCTIONS, D.NO.10 - 183, VISALAKSHINAGAR, VISAKHAPATNAM 3 . THE PR. COMMISSIONER OF INCOME TAX - 1, VISAKHAPATNAM 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