Kakumanu jagannadha Rao, Piduguralla V. The CIT(A)-3, , Visakhapatnam

ITA 499/VIZ/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5780 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 28-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S N MURTHY

Judgement Text

[P , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 497 - 500 /VIZ/20 18 ( / A SSESSMENT Y EAR S : 20 02 - 03 TO 2006 - 07 ) KAKUMANU JAGANNADHA RAO C/O M/S UMAMAHESWARA RAO & CO., CHARTERED ACCOUNTANTS D.NO.3 - 26 - 2, PLOT NO.B1 - 59, 1 ST LINE RAVINDRA NAGAR NEW PATTABHIPURAM GUNTUR [PAN : AHFPK7362K ] VS . ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE VIJAYAWADA ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI, AR / RESPONDENT BY : S HRI T.S.N.MURTHY, CIT(DR) / DATE OF HEARING : 04 . 0 2 .202 1 / DATE OF PRONOUNCEMENT : 04 . 0 2 . 202 1 / O R D E R P ER D.S.SUNDER SINGH , ACCOUNTANT MEMBER : TH E S E APPEAL S ARE FILED BY THE ASSESSEE AGAINST THE ORDER S OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 3 , VISAKHAPATNAM DATED 2 6 . 0 6 .20 18 FOR THE ASSESSMENT YEAR S (A.Y.) 20 0 2 - 03 TO 2006 - 07 . 2 I.T.A. NO . 497 - 500 /VIZ/20 18 , A.Y.20 0 2 - 0 3 TO 2006 - 07 KA KUMANU JAGANNADHA RAO, PIDUGURALLA 2. WHEN TH E S E AP PEAL S ARE TAKEN UP FOR HEARING, THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD SE VISHWAS ACT, 2020 AND THE PRINCIPAL COMMISSIONER (CENTRAL), VISAKHA PATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 11 . 1 2 . 202 0 . THE ASSESSEE FURTHER STATED THAT O NCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER, THE APPEAL S SHALL BE DEEMED TO HAVE BE EN WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED, HOWEVER, HE SUBMITTED THAT APPEAL S MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITION S FILED BY THE ASSESSEE. WE FIND THAT IN THIS CASE FORM NO.3 IS ISSUED BY THE PR.COMMISSIONER AND THE ASSESSEE HAS SUBMITTED THAT HE MA Y BE PERMITTED TO WITHDRAW THE APPEAL S . WE, THEREFORE, DISMISS THE APPEAL S AS WITHDRAWN, HOWEVER, WITH A RIDER THAT IN ANY CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON, IT IS OPEN TO THE ASSESSEE TO FILE AN 3 I.T.A. NO . 497 - 500 /VIZ/20 18 , A.Y.20 0 2 - 0 3 TO 2006 - 07 KA KUMANU JAGANNADHA RAO, PIDUGURALLA APPROPRIATE APPLICATION BEFORE THE TRIBUNAL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEAL S FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH FEBRUARY, 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 0 4 .02.2021 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE KAKUMANU JAGANNADHA RAO , C/O M/S UMAMAHESWARA RAO & CO., CHARTERED ACCOUNTANTS , D.NO.3 - 26 - 2, PLOT NO.B1 - 59, 1 ST LINE , RAVINDRA NAGAR , NEW PATTABHIPURAM , GUNTUR 2 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE VIJAYAWADA 3. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) , VI SAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM