Navuluri Pullaiah, Guntur V. The Income Tax Officer, Ward-2, Narasaraopet

ITA 551/VIZ/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6796 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 16-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V. SRINIVASA RAO
• Section: 2; 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. 551 / VIZ /2019 (ASST. YEAR : 20 1 6 - 1 7 ) NAVULURI PULLAIAH, PROP. M/S. VIGNARAJA FERTILIZERS, D.NO. 7 - 8, GURAZALA POST, GUNTUR . V S. ITO, WARD - 2 , NARASARAOPET . PAN NO. ADQPN 635 5 C (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . 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 APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 16/07/2019 IMPUGNED HEREIN PASSED BY THE LD.COMMISSIONER OF INCOME TAX (APPEALS) - 1 [FOR SHORT, LD.COMMISSIONER], GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2016 - 17 . 2. THE ASSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 22/04/2021 FOR WITHDRAWAL OF THE APPEAL. 2 ITA NO. 551 /VIZ/20 19 ( NAVULURI PULLAIAH ) 3. DUR ING THE COURSE OF HEARING, L D. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT SINCE ASSESSEE 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 , DATED 19/02/2021 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE 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 ASSESSEE 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. 551 /VIZ/20 19 ( NAVULURI PULLAIAH ) COPY TO: 1. THE ASSESSEE NAVULURI PULLAIAH, PROP. M/S. VIGNARAJA FERTILIZERS, D.NO. 7 - 8, GURAZALA POST, GUNTUR. 2. THE REVENUE ITO, WARD - 2, NARASARAOPET. 3. THE PR.CIT , GUNTUR . 4. THE CIT(A) - 1 , GUNTUR . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM. DATE INITIAL VIVAD SE VISHWAS 1. DRAFT DICTATED ON 08 / 0 9 /202 1 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 08/09 /2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 08/09 /2021 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 08/09 /2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 08 /0 9 /2021 SR.PS 6. DATE OF PRONOUNCEMENT 08/09 /2021 SR.PS 7. FILE SENT TO THE BENCH CLERK 09/09 /2021 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE SR. PRIVATE SECRETARY 10. DATE OF DISPATCH OF ORDER