Kallam Suryanarayana Reddy, Guntur V. The Income Tax Officer, Ward-1(1), Guntur

ITA 556/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9774 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 23-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Section: 143(3); 263

Judgement Text

, , 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. 5 5 6 /VIZ/20 19 ( / A SSESSMENT Y EAR : 20 09 - 10 ) KALLAM SURYANARAYANA REDDY D.NO.12 - 14 - 121/3 8 TH LANE, SYAMALA NAGAR GUNTUR [PAN : A GVPK2961K ] VS . INCOME TAX OFFICER WARD - 1 ( 1 ) GUNTUR ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI , AR / RESPONDENT BY : S HRI D.K.SONOWAL, CIT, DR / DATE OF HEARING : 1 8 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 18 .0 3 . 202 1 / O R D E R P ER D.S.SUNDER SINGH , ACCOUNTANT MEMBER : T HE APPEAL IS FILED AGAINST THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX ( PR.CIT ), GUNTUR DATED 2 1 . 0 9 .20 1 6 PASSED U/S 263 OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10. 2 I.T.A. NO . 5 5 6 /VIZ/20 19 , A.Y.20 09 - 10 KALLAM SURYANARAYANA REDDY , GUNTUR 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD.AR SUBMITTED THAT S UBSEQUENT TO PASSING THE ORDER U/S 263, THE A SSESSING OFFICER (A O ) PASSED CONSEQUENTIAL ORDER U/S 143(3) R.W.S. 263 OF THE ACT GIVING EFFECT TO THE SAID ORDER U/S 263. T HE ASSESSEE PREFERRED TO SETTLE THE DISPUTE UNDER VIVAD SE VISHWA S ACT, 2020 AND THE LD. PR.CIT , VI JAYAWADA WAS PLEASED TO ISSUE THE C ERTIFICATE IN FORM NO.3 ON 0 2 . 0 2 . 202 1 FOR PENDING TAX DISPUTE IN RESPECT OF CONSEQUENTIAL ORDER PASSED U/S 143(3) R.W.S. 263 OF THE ACT . FORM NO.3 IS A CERTIFICATE ISSUED UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, BY THE PR.CIT, DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCHEME. THEREFORE, SUBMITTED THAT, AS THE APPEAL AGAINST THE CONSEQUENTIAL ORDER IS BEING SETTLED UNDER VIVAD SE VISHWAS SCHEME, THE ASSESSEES APPEAL AGAINST THE ORDER U/S 263 OF THE ACT BECOMES INFRUCTUOUS, HENCE, REQUESTED TO ALLOW THE ASSESSEE TO WITHDRAW THE APPEAL , SUBJECT TO RECALLING THE ORDER I N CASE THE CERTIFICATE ISSUED BY THE PR.CIT IS WITHDRAWN AT A FUTURE DATE. THUS, ON ISSUE OF THE CERTIFICATE IN FORM NO.3, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT. 3. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISMISSAL OF APPEAL AS WITHDRAWN. 3 I.T.A. NO . 5 5 6 /VIZ/20 19 , A.Y.20 09 - 10 KALLAM SURYANARAYANA REDDY , GUNTUR 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO THE WITHDRAWAL PETITION FILED BY THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME. DURING THE APPEAL HEARING, THE LD.DR DID NOT OBJECT FOR DISPOSAL OF THE APPEAL AS REQUESTED BY THE ASSESSEE , HENCE, WE DISMISS THE APPEAL AS WITHDRAWN. H OWEVER, IN CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN OR CANCELLED AT A FUTURE DATE FOR ANY REASON, IT IS OPEN TO THE ASSESSEE TO FILE AN 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, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH , 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 1 8 .0 3 .2021 L.RAMA, SPS 4 I.T.A. NO . 5 5 6 /VIZ/20 19 , A.Y.20 09 - 10 KALLAM SURYANARAYANA REDDY , GUNTUR / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE KALLAM SURYANARAYANA REDDY , D.NO.12 - 14 - 121/3 , 8 TH LANE, SYAMALA NAGAR , GUNTUR 2 . / THE REVENUE INCOME TAX OFFICER, WARD - 1(1), GUNTUR 3. THE PR. COMMISSIONER OF INCOME TAX , GUNTUR 4 . , , / DR, ITAT, VISAKHAPATNAM 5 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM