Sri Ramalingeswara Modern Rice Mill, Penuguduru V. The Assistant Commissioner of Income Tax, Circle-1, , Kakinada

ITA 420/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6300 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 18-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA

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. 420 / VIZ /2019 (ASST. YEAR : 20 1 4 - 1 5 ) M/S. SRI RAMALINGESWARA MODERN RICE MILL, D.NO. 1 - 12, KOTIPALLI ROAD, KARAPA MANDALAM, PENUGUDURU. V S. AC IT, CIRCLE - 1, GUNTUR . PAN NO. AAIFS 4405 P (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SHRI B.RAMA KRISHN A , SR. DR DATE OF HEARING : 29 / 0 1 /2021 . DATE OF PRONOUNCEMENT : 03 / 0 2 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 30/04/2019 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. 20 14 - 15 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 25/01/2021 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. 420 /VIZ/20 19 ( M/S. SRI RAMALINGESWARA MODERN RICE MILL ) FORM NO.3 , DATED 16/12/2020 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FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 BOT H THE PART IES AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE APPEAL AND FORM NO. 3 (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 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/ - 3 ITA NO. 420 /VIZ/20 19 ( M/S. SRI RAMALINGESWARA MODERN RICE MILL ) COPY TO: 1. THE ASSESSEE M/S. SRI RAMALINGESWARA MODERN RICE MILL, D.NO. 1 - 12, KOTIPALLI ROAD, KARAPA MANDALAM, PENUGUDURU. 2. THE REVENUE ACIT, CIRCLE - 1, GUNTUR. 3. THE PR. CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) , RAJAMAHENDRAVARAM . 5. THE D.R., VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.