Ponnapati Eswar Reddy , Guntur V. The Income Tax Officer, Ward-1, , Narasaraopet

ITA 528/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4031 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 29-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL
• Section: 28

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 S . 527 & 5 28 / VIZ /2019 (ASST. YEAR : 20 1 3 - 1 4 ) 1. PONNAPATI VIJAYA KRISHNA REDDY PAN NO. AJIPP 9201 F VS. IT O , WARD - 1 , NARSARAOPET . (RESPONDENT) 2. PONNAPATI ESWAR REDDY PAN NO. AJIPP 9200 E BOTH ARE R /O C/O P. GOPI KRISHNA, CA, M/S. V.RAO & GOPI, D.NO. 26 - 10 - 1, 2 ND FLOOR, DARGA ROAD, NAGARAMPALEM, GUNTUR. (APPELLANTS) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE. DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 02 / 0 3 /2021 . DATE OF PRONOUNCEMENT : 02 / 0 3 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THESE APPEAL S HAVE BEEN PREFERRED BY THE DIFFERENT ASSESSEE S AGAINST THE SEPARATE ORDER S BOTH DATED 08 /0 7 /201 9 IMPUGNED HEREIN PASSED BY THE LD. CIT(A) - 2 , GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2013 - 14 . 2 ITA NO S . 527 & 5 28 /VIZ/20 19 ( P. VIJAYA KRISHNA REDDY & ANOTHER ) 2. THE ASSESSEES HAVE PREFERRED APPLICATIONS UNDER CONSIDERATION DATED 2 6 / 0 2/202 1 FOR WITHDRAWAL OF THE APPEALS . 3. DURING THE COURSE OF HEARING, LD. COUNSEL FOR THE ASSESSEES HAS SUBMITTED THAT SINCE ASSESSEES HAVE AVAILED THE IMMUNITY SCHEME I.E. VIVAD SE VISHWAS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORMS NO.3, DATED 1 8 / 0 1 /2021 IN RESPONSE TO THE APPLICATIONS FILED BY THE AS SESSEES UNDER THE SCHEME, THEREFORE APPEALS OF THE ASSESSEES MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDERS IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4 . THE LD. DR HAS RAISED NO OBJECTION, IF THE APPEALS OF THE ASSESSEES ARE ALLOWED TO BE DISMISSED AS WITHDRAWN. 5 . HAVING HEARD BOTH THE PARTIES AND PERUSED THE APPLICATIONS FOR WITHDRAWAL OF THE APPEAL S AND FORMS NO.3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACTS AND CIRC UMSTANCES OF THE CASE, THE APPEALS OF ASSESSEES ARE 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, APPEALS OF THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 02 ND DAY OF MARCH , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 02 ND MARCH , 2021 . 3 ITA NO S . 527 & 5 28 /VIZ/20 19 ( P. VIJAYA KRISHNA REDDY & ANOTHER ) VR/ - COPY TO: 1. THE ASSESSEE A) PONNAPATI VIJAYA KRISHNA REDDY B) PONNAPATI ESWAR REDDY BOTH ARE R/O C/O P. GOPI KRISHNA, CA, M/S. V.RAO & GOPI, D.NO.26 - 10 - 1, 2 ND FLOOR, DARGA ROAD, NAGARAMPALEM, GUNTUR . 2. THE REVENUE IT O , WARD - 1 , NARASARAOPET . 3. THE PR.CIT , GUNTUR . 4. THE CIT(A) - 2 , GUNTUR . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.