Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Visakhapatnam V. The Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam

ITA 370/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9437 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 07-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL
• 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. 370 / VIZ /201 9 (ASST. YEAR : 20 1 2 - 1 3 ) M/S. RASHTRIYA ISPAT NIGAM LTD., TAXATION CELL , F&A DEPARTMENT, 2 ND FLOOR, ADMINISTRATIVE BUILDING , VISAKHAPATNAM STEEL PLANT , VISAKHAPATNAM. V S. AC IT, CIRCLE - 4( 1 ) , VISAKHAPATNAM . PAN NO. AABCR 0435 L (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 05 / 0 1 /2021 . DATE OF PRONOUNCEMENT : 05 / 0 1 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 9 , HYDERABAD , DATED 30 /0 4 /201 9 FOR THE ASSESSMENT YEAR 201 2 - 1 3 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 1 7 /12/2020 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, L D. COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT SINCE A SSESSEE HA S 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 2 ITA NO. 370 /VIZ/20 19 ( M/S. RASHTRIYA ISPAT NIGAM LTD. ) FORM NO.3 , DATED 20/11 /2020 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO S EEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM NO. 3 , DATED 20/11/2020 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE IS 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 OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 05 TH DAY OF JAN ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05 TH JANUARY , 2021 . VR/ - 3 ITA NO. 370 /VIZ/20 19 ( M/S. RASHTRIYA ISPAT NIGAM LTD. ) COPY TO: 1. THE ASSESSEE M/S. RASHTRIYA ISPAT NIGAM LTD., TAXATION CELL, F&A DEPARTMENT, 2 ND FLOOR, ADMINISTRATIVE BUILDING, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM. 2. THE REVENUE AC IT, CIRCLE - 4( 1 ) , VISAKHAPATNAM . 3. THE PR.CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) - 9 , HYDERABAD . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM .