DTE Exports Private Limited, Guntur V. The Deputy Commissioner of Income Tax, Central Circle-2, , Guntur

ITA 45/VIZ/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5167 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 30-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I . T . A . NO. 45 / VIZ /2020 (ASST. YEAR : 20 1 7 - 1 8 ) M/S. DTE EXPORTS PVT. LTD., D.NO. 5 - 7 - 6, 1/5 BRODIPET, GUNTUR . V S. DC IT, CENTRAL CIRCLE - 2 , GUNTUR . PAN NO. AAACD 7845 B (APPELLANT ) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 08 / 0 2 /2021 . DATE OF PRONOUNCEMENT : 08 / 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 23/08/2019 IMPUGNED HEREIN PASSED BY THE LD.CIT(A) - 3, VISAKHAPATNAM U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2017 - 18 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 28/01/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, WE HAVE OBSERVED 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 FORM NO. 5 , DATED 22/12/2020 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE 2 ITA NO. 45 /VIZ/20 20 ( M/S. DTE EXPORTS PVT. LTD. ) SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN . 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 LD.DR AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE APPEAL AND FORM NO. 5 (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 CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN, HENCE ORDERE D ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 08 TH DAY OF FEB ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08 TH FEBRUARY , 2021 . VR/ - COPY TO: 1. THE ASSESSEE M/S. DTE EXPORTS PVT. LTD., D.NO. 5 - 7 - 6, 1 ST LINE, 5 TH CROSS ROAD, BRODIPET, GUNTUR. 2. THE REVENUE DCIT, CENTRAL CIRCLE - 2, GUNTUR. 3. THE PR.CIT (CENTRAL) , VISAKHAPATNAM . 4. THE CIT(A) - 3 , VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.