Sri K. Ravi Kiran Varma, Kakinada V. The ITO, Kakinada

ITA 437/VIZ/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4015 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 07-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK

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. 436 & 437 / VIZ /2016 (ASST. YEAR : 20 1 1 - 1 2 ) 1 K. SASI KIRAN VARMA . PAN NO. AJIPK 3196 B VS. ITO, WARD - 2, GUNTUR. 2 K. RAVI KIRAN VARMA. PAN NO. AHRPK 7481 P BOTH ARE R/O D.NO. 69 - 3A - 19, CHAITANYA NAGAR, KAKINADA. (APPELLANT S ) (RESPONDENT) ASSESSEE BY : SHRI C.SUBRAHMANYAM , FC A DEPARTMENT BY : SMT. SUMAN MALIK , SR. DR DATE OF HEARING : 11 / 0 3 /2021 . DATE OF PRONOUNCEMENT : 11 / 0 3 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: TH E S E APPEAL S HA VE BEEN PREFERRED BY THE DIFFERENT ASSESSEE S AGAINST THE SEPARATE ORDER S BOTH DATED 19/09/2016 IMPUGNED HEREIN PASSED BY THE LD.CIT(A) - 2, GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2011 - 12 . 2 ITA NO. 436 & 437 /VIZ/20 16 ( K. SASI KIRAN VARMA & ANOTHER ) 2. THE A SSESSEE S HA VE PREFERRED APPLICATION S UNDER CONSIDERATION DATED 08/03/2021 FOR WITHDRAWAL OF THE APPEAL S . 3. DUR ING THE COURSE OF HEARING, L D. AR HAS SUBMITTED THAT SINCE THE 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 , BOTH DATED 08/02/2021 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S FILED BY THE A SSESSEE S UNDER THE SCHEME, THEREFORE APPEAL S OF THE A SSESSEE S MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER S IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL S OF THE A SSESSEE S ARE ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICATION S FOR WI THDRAWAL OF THE APPEAL S AND FORM S NO. 3 (COP IES ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE S , 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 ORDERE D ACCORDINGLY. 6. IN THE RESULT, APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 11 TH DAY OF MARCH , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11 TH MARCH , 2021 . 3 ITA NO. 436 & 437 /VIZ/20 16 ( K. SASI KIRAN VARMA & ANOTHER ) VR/ - COPY TO: 1. THE ASSESSEE A) K. SASI KIRAN VARMA. B) K. RAVI KIRAN VARMA. BOTH ARE R/O D.NO. 69 - 3A - 19, CHAITANYA NAGAR, KAKINADA. 2. THE REVENUE ITO, WARD - 2, GUNTUR. 3. THE PR.CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) - 2 , VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.