Suresh Kumar Jain, Visakhapatnam V. The Assistant Commissioner of Income Tax, Central Circle-1, Visakhapatnam

ITA 191/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9010 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 22-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Section: 191

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ I.T. A.NO. 191 /VIZ/201 9 ( / ASS ESSMEN T YEAR : 20 1 0 - 11 ) SURESH KUMAR JAIN PROP.HIRA PANNA JEWELLERS D.NI.48 - 19 - 5 , M.V.R.COMPLEX DWARAKA NAGAR VISAKHAPATNAM [PAN : A DZPJ5028K ] VS. ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI , AR / RESPONDENT BY : SHRI D.K.SONOWAL , CIT ( DR ) / DATE OF HEARING : 0 6 .01.2021 /DATE OF PRONOUNCEMENT : 0 6 .01.2021 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : TH I S APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM IN APPEAL NO. 229 /201 7 - 18/CIT(A) - 3/VZP/2018 - 19 DATED 29 .0 3 .2 01 9 FOR THE ASSESSMENT YEAR (A.Y.) 20 1 0 - 11 . 2 I.T.A. NO. 191 /VIZ/2019, A.Y.201 0 - 11 SURESH KUMAR JAIN, VISAKHAPATNAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, L D. C OUNSEL FOR THE ASSESSEE 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 (CENTRAL), VISAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 03 .12. 2020. LD.AR FURTHER STATED THAT O NCE 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 COMMISSIONER, THE APPEAL SHALL BE DEEMED TO HAVE BE EN WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED, HOWEVER, HE SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. LD.DR HAS NOT RAISED ANY O BJECTION. 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 L D. COUNSEL FOR THE ASSESSEE HAS SU BMITTED THAT HE MAY BE PERMITTED TO WITHDRAW 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 A SSESSEE TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL. IN 3 I.T.A. NO. 191 /VIZ/2019, A.Y.201 0 - 11 SURESH KUMAR JAIN, VISAKHAPATNAM THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RE SULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN T HE OPEN COURT ON 6 T H J ANUARY, 2021 . S D / - S D / - ( ) ( . . ) ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) / JUDICIAL MEMBER /ACCOUNTANT MEMBER /DATED : 0 6 . 01 .202 1 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO : - 1. / THE ASSESSEE SURESH KUMAR JAIN , PROP.HIRA PANNA JEWELLERS D.NI.48 - 19 - 5 , M.V.R.COMPLEX , DWARAKA NAGAR , VISAKHAPATNAM 2. / THE REVENUE ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1, VISAKHAPATNAM 3. THE PR.COMMISSIONER OF INCOME TAX (CENTRAL), VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM 5. , , / DR,ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM