Bala Bhupala Naidu, Srikakulam V. The Income Tax Officer, Ward-1, , Srikakulam

ITA 408/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3992 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 14-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: SUSHIL KUMAR AGARWAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM , . . , BEFORE SHRI N.K.CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 40 8 /VIZ/20 19 ( / A SSESSMENT Y EAR : 20 1 0 - 11 ) BALA BHUPALA NAIDU 7 - 226 , BANDI STREET NARASANNAPETA SRIKAKULAM DIST. [PAN : A PHPM3528B ] VS . INCOME TAX OFFICER WARD - 1 SRIKAKULAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI SUSHIL KUMAR AGARWAL , AR / RESPONDENT BY : S MT. SUMAN MALIK, DR / DATE OF HEARING : 03 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 03 .0 3 . 202 1 / O R D E R P ER D.S.SUNDER SINGH , ACCOUNTANT MEMBER : TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 1 1 , HYDERABAD IN A PPEAL NO. 05 / 2018 - 19 / W - 1,SRKKLM/CIT(A) - 2, VSKP/2018 - 19 DATED 20 . 0 3 .20 19 FOR THE ASSESSMENT YEAR (A.Y.) 20 10 - 11 . 2 I.T.A. NO . 408 /VIZ/20 19 , A.Y.20 1 0 - 11 BALA BHUPALA NAIDU MU DDADA, SRIKAKULAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, 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 OF INCOME TAX (PR.CIT) - I , VI SAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 08 . 0 1 . 202 1 . FORM NO.3 IS A CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, ISSUED BY THE PR.CIT, DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCHEME. THUS, ON ISSUE OF THE CERTIFICATE IN FORM NO.3, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISMISSAL OF APPEAL AS WITHDRAWN. HOWEVER, SUBMITTED THAT APPEAL MAY B E RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO THE WITHDRAWAL PETITION FILED BY THE ASSESSEE UNDE R VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE APPEAL AS REQUESTED BY THE ASSESSEE, SINCE, THE PR.CIT HAD ISSUED FORM NO.3 DETERMINING THE TOTAL TAX LIABILITY AS PER SUB SECTION (1) OF SECTION 5 OF 3 I.T.A. NO . 408 /VIZ/20 19 , A.Y.20 1 0 - 11 BALA BHUPALA NAIDU MU DDADA, SRIKAKULAM VIVAD SE VISHWAS ACT TOWARDS FULL AND FINAL SETTLEMENT OF THE TAX DUES. SINCE, THE DISPUTE IS SETTLED UNDER THE VIVAD SE VISHWAS SCHEME AND ACCEPTED BY THE DEPARTMENT AND THE ASSESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL , W E DISMISS THE APPEAL AS WITHDRAWN . H OWEVER, IN 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. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MARCH , 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 03 .0 3 .2021 L.RAMA, SPS 4 I.T.A. NO . 408 /VIZ/20 19 , A.Y.20 1 0 - 11 BALA BHUPALA NAIDU MU DDADA, SRIKAKULAM / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE BALA BHUPALA NAIDU MUDDADA, 7 - 226, BANDI STREET, NARASANNAPETA, SRIKAKULAM DIST. 2 . / THE REVENUE INCOME TAX OFFICER, WARD - 1, SRIKAKULAM 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 // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM