Vijaya Lakshmi Agencies, , Vijayawada V. The Income Tax Officer, Ward-3(1), , Vijayawada

ITA 472/VIZ/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6798 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 29-04-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V. SRINIVASA RAO
• Section: 201; 20

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. 472 / VIZ /2019 (ASST. YEAR : 20 1 5 - 1 6 ) M/S. VIJAYA LAKSHMI AGENCIES , F.NO. 505, SAIBALARAM TOWERS , NEAR Y.V. RAO HOSPITAL, LABBIPET , VIJAYAWADA. V S. ITO, WARD - 3(1) , VIJAYAWADA . PAN NO. AADFV 9161 G (APPELLANT ) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SHRI V. SRINIVASA RAO , SR. DR DATE OF HEARING : 08 / 0 9 /2021 . DATE OF PRONOUNCEMENT : 08 / 0 9 /20 2 1 . O R D E R PER BENCH THIS AP PEAL HAS BEEN PREFERRED BY THE A SSESSEE AGAINST THE ORDER DATED 11 /0 3 /2019 IMPUGNED HEREIN PASSED BY THE LD.COMMISSIONER OF INCOME TAX (APPEALS) [FOR SHORT, LD.COMMISSIONER], VIJAYAWADA U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 201 5 - 16 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 27 /0 7 /2021 FOR WITHDRAWAL OF THE APPEAL. 2 ITA NO. 472 /VIZ/20 19 ( M/S. VIJAYA LAKSHMI AGENCIES ) 3. DUR ING THE COURSE OF HEARING, WE HAVE NOTICED FROM THE WITHDRAWAL APPLICATION OF THE ASSESSEE THAT 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 ACCEPTED ITS APPLICATION , THEREFORE ASSESSEE HAS REQUESTED TO ALLOW HIM TO WITHDRAW ITS APPEAL 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 DR RAI SED NO OBJECTION, IF THE APPEAL O F THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 THE LD.DR AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE APPEAL . CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF A SSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6.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 A SSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 08 TH DAY OF SEP. , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08 TH SEP. , 2021 . VR/ - 3 ITA NO. 472 /VIZ/20 19 ( M/S. VIJAYA LAKSHMI AGENCIES ) COPY TO: 1. THE ASSESSEE M/S. VIJAYA LAKSHMI AGENCIES, F.NO. 505, SAIBALARAM TOWERS, NEAR Y.V. RAO HOSPITAL, LABBIPET, VIJAYAWADA. 2. THE REVENUE ITO, WARD - 3(1) , VIJAYAWADA . 3. THE PR.CIT , VIJAYAWADA . 4. THE CIT(A) , VIJAYAWADA . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.