M.Mouli Krishna , Visakhapatnam V. The Assistant Commissioner of Income Tax, Central Circle-1, Visakhapatnam

ITA 190/VIZ/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6105 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 22-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER I . T . A . NO. 1 9 0 /VIZ/2019 (ASST. YEAR : 20 1 2 - 1 3 ) M . MOULI KRISHNA , D.NO. 10 - 01 - 27, NEAR SAMPATH VINAYAK TEMPLE, OPP. VEMANA MANDIR, ASILMETTA , VISAKHAPATNAM. VS. AC IT, CENTRAL CIRCLE - 1, VISAKHAPATNAM . PAN NO. AKWPM 5438 Q (APP ELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SMT.U.MINI CHANDRAN , SR. DR DATE OF HEARING : 25 / 0 9 /2020 . DATE OF PRONOUNCEMENT : 25 / 0 9 /20 20 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER TH I S APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM , DATED 29 /0 3 /201 9 FOR THE ASSESSMENT YEAR 20 1 2 - 1 3 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. COUNSEL FOR THE ASSESSEE HAS FILED A LETTER BY STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD SE VISHWAS ACT, 2020 AND THE PRINCIPAL COMMISSIONER (CENTRAL), VISAKHAPATNAM WAS PLEASED T O ISSUE A CERTIFICATE IN FORM NO.3 ON 27/08/2020. ONCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER, THE APPEAL SHALL BE DEEMED TO 2 ITA NO. 190 /VIZ/2019 ( M . MOULI KRISHNA ) BE WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED, HOWEVER, HE SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFI CATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3 . LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITION FILED BY THE ASSESSEE. WE FIND THAT IN THIS CASE FORM NO.3 IS ISSUED BY THE PR.COMMISSIONER AND THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO BE WITHDRAWN THE APPEAL. WE, THEREFORE, DISMISS THE APPEAL AS WITHDRAWN, HOWEVER, WITH A RIDER THAT IN ANY CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON, IT IS OPEN TO THE ASSESSEE TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 5 TH DAY OF SEP., 2020. S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 5 TH SEPTEMBER, 2020. 3 ITA NO. 190 /VIZ/2019 ( M . MOULI KRISHNA ) VR/ - COPY TO: 1. THE ASSESSEE M. MOULI KRISHNA, D.NO. 10 - 01 - 27, NEAR SAMPATH VINAYAK TEMPLE, OPP. VEMANA MANDIR, ASILMETTA, 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 RAMBA BU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.