Jetty Prasad Rao, Rajahmundry V. The Assistant Commissioner of Income Tax. Circle-1(1), , Rajahmundry

ITA 298/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6298 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 16-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHAN
• Section: 201

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 . 296 TO 300 / VIZ /201 9 (ASST. YEAR : 20 1 0 - 1 1 ) 1. JETTY NAGESWARA RAO , PAN NO. ABFPJ 6651 A VS. ACIT, CIRCLE - 1(1) , RAJAMAHENDRAVARAM . 2. JETTY SATYANARAYANA PAN NO. ACUPJ 8562 C 3. JETTY PRASAD RAO PAN NO. AEIPJ 6720 J 4. JETTY RAMA RAO PAN NO. ABFPJ 3059 G 5. JETTY GOVINDA RAO PAN NO. ACUPJ 8561 B R/O D.NO. 9 - 24 - 2, GUNDUVARI STREET, RAJAHMUNDRY. (APPELLANTS) (RESPONDENT) ASSESSEE BY : SHRI C.SUBRAHMANYAM , FC A DEPARTMENT BY : SHRI B.RAMA KRISHAN , SR. DR DATE OF HEARING : 28 / 0 1 /2021 . DATE OF PRONOUNCEMENT : 03 / 0 2 /20 2 1 . 2 ITA NO S . 296 - 300 /VIZ/20 19 ( JETTY NAGESWARA RAO & OTHERS ) O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THESE APPEAL S HAVE BEEN PREFERRED BY THE DIFFERENT ASSESSEE S AGAINST THE COMMON ORDER DATED 2 8 /02/201 9 IMPUGNED HEREIN PASSED BY THE LD. CIT(A) , RAJAMAHENDRAVARAM, U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 201 0 - 11 . 2. THE A SSESSEE S HA VE PREFERRED APPLICATION S UNDER CONSIDERATION DATED 06/01/2021 FOR WITHDRAWAL OF THE APPEAL S . 3 . DUR ING THE COURSE OF HEARING, L D. AR 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 11/12/2020 , 07/12/2020, 11/12/2020 , 11/12/2020 & 11/12/2020 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S FILED BY THE A SSESSEE S UNDER THE SCHEME, THEREFORE APPEAL S OF THE A SSESSEE S MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER S IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4 .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 HAS RAI SED NO OBJECTION, IF THE APPEAL S OF THE A SSESSEE S ARE ALLOWED TO BE DISMISSED AS WITHD RAWN. 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 3 ITA NO S . 296 - 300 /VIZ/20 19 ( JETTY NAGESWARA RAO & OTHERS ) 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 AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6 . IN THE RESULT, APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 0 3 R D DAY OF FEB ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 3 R D FEBRUARY , 2021 . VR/ - COPY TO: 1. THE ASSESSEE A) JETTY NAGESWARA RAO B) JETTY SATYANARAYANA C) JETTY PRASAD RAO D) JETTY RAMA RAO E) JETTY GOVINDA RAO ALL ARE R/O D.NO. 9 - 24 - 2, GUNDUVARI STREET, RAJAHMUNDRY. 2. THE REVENUE ACIT, CIRCLE - 1(1), RAJAMAHENDRAVARAM 3. THE PR.CIT , RAJAMAHENDRAVARAM . 4. THE CIT(A) , RAJAMAHENDRAVARAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.