Deccan Tobacco Company, Guntur V. The Deputy Commissioner of Income Tax, Central Circle - 2, Guntur

ITA 46/VIZ/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5166 (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. 46 / VIZ /2020 (ASST. YEAR : 20 1 7 - 1 8 ) M/S. DECCAN TOBACCO COMPANY , D.NO. 5 - 7 - 6 - 1/5, BRODIPET , GUNTUR. V S. DC IT, CENTRAL CIRCLE - 2 , GUNTUR . PAN NO. AAHFD 1174 H (APPELLANT ) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 0 8 / 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 NOTICED 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. 46 /VIZ/20 20 ( M/S. DECCAN TOBACCO COMPANY ) SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED. 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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN, HENCE ORDERED ACC ORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 0 8 TH DAY OF FEB ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 8 TH FEBRUARY , 2021 . VR/ - COPY TO: 1. THE ASSESSEE M/S. DECCAN TOBACCO COMPANY, D.NO. 5 - 7 - 6 - 1/5, 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.