Srinivas Bolisetty, Tadepalligudem V. The Principal Commissioner of Income Tax, , Visakhapatnam

ITA 112/VIZ/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0277 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 26-05-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

आयकर अपीऱीयअधिकरण, विशाखापटणम पीठ, विशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री द ु व्ि ू रु आर एऱ रेड्डी, न्याययक सदस्य एिं श्री एस बाऱाक ृ ष्णन, ऱेखा सदस्य के समक्ष BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकर अऩीऱ सं./ I.T.A. No.112/Viz/2021 (ननधधारण वषा / Assessment Year: 2015-16) Srinivas Bolisetty, Tadepalligudem. PAN: ACTPB 8692 G Vs. Principal Commissioner of Income Tax, Visakhapatnam-1. (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) अऩीऱधथी की ओर से/ Appellant by : Sri GVN Hari, Advocate प्रत्यधथी की ओर से / Respondent by : Sri MN Murthy Naik, CIT-DR स ु नवधई की तधरीख / Date of Hearing : 25/05/2022 घोषणध की तधरीख/Date of Pronouncement : 15/07/2022 O R D E R PER DUVVURU RL REDDY, Judicial Member : This appeal is filed by the assessee against the order of the Ld. Pr. CIT-1, Visakhapatnam in DIN & Order No. ITBA/REV/F/REV5/2020-21/1031831475(1), dated 27/03/2021 for the AY 2015-16. 2 2. At the outset, the Ld. Counsel for the assessee brought our attention to the petition for withdrawal of the present appeal dated 19/05/2022 and read out the contents thereof which is as under: “(1) The above mentioned appeal was filed against the order dated 27/03/2021 of the Pr. CIT-1, Visakhapatnam U/s. 263 of the Act. In this appeal, relief was sought on the common ground that the original assessment order for the AY 2015-16 passed U/s. 143(3) of the Act dated 7/4/2017 was neither erroneous nor prejudicial to the interests of Revenue. (ii) The Assessing Officer initiated the assessment proceedings consequent to the above mentioned order U/s. 263 of the Act. After conducting necessary examination of the information submitted by the appellant, the AO completed the assessment vide his order u/s. 143(3) r.w.s 263 of the Act on 30/03/2022 (copy enclosed). The Order was passed without any additions in respect of the issues that were subject matter of the order u/s. 263 of the Act. (iii) In view of the above, the grievance of the appellant stood redressed and consequently the above mentioned appeal becomes infructuous from its stand point. Therefore it is prayed that the appellant may be permitted to withdraw the above mentioned appeal.” 3. Therefore, the Ld. AR prayed before us that considering the above request of the assessee, the instant appeal may be allowed to be withdrawn. The Ld. DR did not object to the submission of the Ld. AR. 3 4. After hearing the Ld. AR and the Ld. DR and on perusal of the contents of the withdrawal petitions filed before us, we allow the assessee to withdraw his appeal. It is ordered accordingly. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Pronounced in the open Court on the 15 th July, 2022. Sd/- Sd/- (एस बाऱाक ृ ष्णन) (द ु व्ि ू रु आर.एऱ रेड्डी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) ऱेखा सदस्य/ACCOUNTANT MEMBER न्याययकसदस्य/JUDICIAL MEMBER Dated : 15.07.2022 OKK - SPS आदेश की प्रतिलिपि अग्रेपिि/Copy of the order forwarded to:- 1. ननधधाररती/ The Assessee – Srinivas Bolisetty, D.No. 4-164-18, Opp. Punjab National Bank, K N Road, Tadepalligudem, Andhra Pradesh – 534101. 2. रधजस्व/The Revenue – Principal Commissioner of Income Tax, Aayakar Bhavan, Dabagardens, Visakhapatnam. 3. The Principal Commissioner of Income Tax, 4. आयकर आय ु क्त (अऩीऱ)/ The Commissioner of Income Tax, 5. ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, ववशधखधऩटणम/ DR, ITAT, Visakhapatnam 6. गधर्ा फ़धईऱ / Guard file 4 आदेशधन ु सधर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam