Meena Jain, Visakhapatnam V. The Assistant Commissioner of income Tax, Central Circle-1, Visakhapatnam

ITA 136/VIZ/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9489 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 25-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Section: 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I . T . A . NO S . 132 , 133 & 136 / VIZ /2018 (ASST. YEAR : 20 09 - 1 0 ) 1. SURESH KUMAR JAIN (HUF), D.NO. 50 - 50 - 38/9, TPT COLONY, S EETHAMMADHARA, VISAKHAPATNAM. PAN NO. AANHS 6606 R VS. ACIT, CENTRAL CIRCLE - 1, VISAKHAPATNAM. 2. SURESH KUMAR JAIN, D.NO. 50 - 50 - 38/9, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM. PAN NO. ADZPJ 5028 K 3. SMT. MEENA JAIN, D.NO. 50 - 50 - 38/9, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM. PAN NO. ADZPJ 5020 B (APPELLANTS) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SHRI B.RAMA KRISHN A , SR. DR DATE OF HEARING : 06 / 0 1 /2021 . DATE OF PRONOUNCEMENT : 06 / 0 1 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: TH E S E APPEAL S HA VE BEEN PREFERRED BY THE DIFFERENT ASSESSEE S AGAINST THE SEPARATE ORDER S ALL DATED 09/02/2018 2 ITA NO. 132 , 133 & 136 /VIZ/20 18 [SURESH KUMAR JAIN (HUF ) & ORS. ] IMPUGNED HEREIN PASSED BY THE LD.CIT(A) - 3, VISAKHAPATNAM U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2009 - 10 . 2. THE A SSESSEE S HA VE PREFERRED APPLICATION S UNDER CONSIDERATION DATED 21/12/2020 FOR WITHDRAWAL OF THE APPEAL S . 3. DUR ING THE COURSE OF HEARING, L D. COUNSEL FOR THE A SSESSEE S HAS SUBMITTED THAT SINCE A SSESSEE S HA VE AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM S NO.3 , DATED 03/12/2020 IN RESPONSE TO THE APPLICATION S FILED BY THE A SSESSEE S UNDER THE SCHEME, THEREFORE APPEAL S OF THE A SSESSEE S MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER S IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAI SED NO OBJECTION, IF THE APPEAL S OF THE A SSESSEE S ARE ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICATION S FOR WI THDRAWAL OF THE APPEAL S AND FORM S NO. 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL S OF ASSESSEE S ARE LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER S AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 3 ITA NO. 132 , 133 & 136 /VIZ/20 18 [SURESH KUMAR JAIN (HUF ) & ORS. ] 6. IN THE RESULT, APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 0 6 TH DAY OF JAN ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 6 TH JANUARY , 2021 . VR/ - COPY TO: 1. THE ASSESSEE A) SURESH KUMAR JAIN (HUF), B) SURESH KUMAR JAIN C) SMT. MEENA JAIN ALL ARE R/O D.NO. 50 - 50 - 38/9, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM. 2. THE REVENUE ACIT, CENTRAL CIRCLE - 1, VISAKHAPATNAM. 3. THE PR.CIT (CENTRAL) , VISAKHAPATNAM . 4. THE CIT(A) - 3 , VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.