Yakkala Mohana Rao , Piduguralla V. The CIT(A)-3, , Visakhapatnam

ITA 496/VIZ/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5923 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 28-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MINI CHANDRAN LD
• Assessee Lawyers: GVN HARI LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER I.T.A. NO. 496/VIZ/2018 (ASST. YEAR : 2006 - 07 ) YAKKALA MOHANA RAO PIDUGURALLA PAN NO. ABUPR 8270 Q V S. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VIJAYAWADA (APPELLANT ) (RESPONDENT) ASSESSEE BY : SH . GVN HARI, LD ADVOCATE DEPARTMENT BY : MS. MINI CHANDRAN LD. SR. DR DATE OF HEARING : 2 2 / 04 /202 1 . DATE OF PRONOUNCEMENT : 2 2 / 04 /202 1 . O R D E R PER SHRI N.K.CHOUDHRY, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS - 3 ), VISHAKAPATNAM , DATED 26 - 06 - 2018 FOR THE ASSESSMENT YEAR 2006 - 07 . 2. THE ASSESSEE HAS PREFERRED THE INSTANT APPLICATION UNDER CONSIDERATION FOR WITHDRAWAL OF THE APPEAL. 3. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E; VIVAD SE VISHWAS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT 2 ITA NO.496/VIZ/2018 (Y AKKALA MOHANA RAO ) HAS ISSUED FORM NO. 3 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE UNDER THE SCHEME, THEREFORE THE APPEAL OF THE ASSESSEE MAY KINDLY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAISED NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD THE PARTIE S AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM - 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT ON DATED 06 - 04 - 2021 . CONSIDERING THE FACTS AND CIRCUMSTANCES, THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY AS PRAYED FOR IN ACCORDANCE OF LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, INSTANT APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. O RDER PRONOUNCED IN OPEN COURT ON THIS 2 2 N D DAY OF APRIL, 2021 S D / - S D / - ( D.S.S UNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 2 N D APRIL, 2021. VR/ - 3 ITA NO.496/VIZ/2018 (Y AKKALA MOHANA RAO ) COPY TO: 1. THE APPELLANT - Y A K K A L A M O H A N A R A O , M/S. U M A M A H E S W A R A R A O & C O . , C A S , D . N O . 3 . 2 6 - 2 , P L O T N O . B 1 - 5 9 , 1 S T L I N E , R A V I N D R A N A G A R , N E W P A T T A B H I P U R A M , GUNTUR . 2. THE RESPONDENT - ACIT , C E N T R A L C I R C L E , VIJAYAWADA . 3. THE PR.CIT (C E N T R A L ) , VISAKHAPATNAM . 4. THE CIT(A ) - 3 , VISAKHAPATNA M . 5. THE SR. D.R., VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.