Malasani Murali Krishna, Visakhapatnam V. The Income Tax Officer, Ward-4(1), Visakhapatnam

ITA 470/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5909 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 05-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N GOPI KRISHNA

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. 470 / VIZ /2019 (ASST. YEAR : 20 1 4 - 1 5 ) MALASANI MURALI KRISHNA, D.NO. GF - 8, MERIDIAN TOWERS, NAD X ROAD , SANTHI NAGAR, VISAKHAPATNAM . V S. ITO, WARD - 4 (1) , VISAKHAPATNAM . PAN NO. AKOPM 0786 B (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SHRI N. GOPI KRISHNA , SR. DR DATE OF HEARING : 20 / 0 4 /2021 . DATE OF PRONOUNCEMENT : 20 / 0 4 /20 2 1 . O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER: THIS APPEAL BY THE A SSESSEE IS DIRECTED AGAINST THE ORDER OF CO MMISSIONER OF INCOME TAX (APPEALS), RAJAMAHENDRAVARAM, DATED 23 RD MARCH, 2019 FOR THE A SSESSMENT YEAR 2014 - 15 . 2. THE A SSESSEE HA S PREFERRED THE INSTANT APPLICATION UNDER CONSIDERATION FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, THE L D. COUNSEL FOR THE A SSESSEE SUBMITTED THAT SINCE THE 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.3 IN RESPONSE TO THE APPLICATION FILED BY THE 2 ITA NO. 4 70 /VIZ/20 1 9 ( M ALASANI MURALI KRISHNA ) A SSESSEE UNDER THE SCHEME, THEREFORE T H E APPEAL OF THE A SSESSEE MAY K I N D L Y BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL O F THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH 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 O N D A T E D 1 2 / 0 4 / 2 0 2 1 . CONSIDERING THE FACT S AND CIRCUMSTANCES , THE APPEAL OF A SSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, I N S T A N T APPEAL OF THE A SSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 0 T H DAY OF APRIL , 2021 . S D / - S D / - ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 0 T H APRIL , 2021 . VR/ - 3 ITA NO. 4 70 /VIZ/20 1 9 ( M ALASANI MURALI KRISHNA ) COPY TO: 1. THE ASSESSEE MALASANI MURALI KRISHNA, D.NO. GF - 8, MERIDIAN TOWERS, NAD X ROAD, SANTHI NAGAR, VISAKHAPATNAM. 2. THE REVENUE ITO, WARD - 4(1), VISAKHAPATNAM. 3. THE PR.CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) , R A J A M A H E N D R A V A R A M . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.