Borusu Satyanarayana, Tanuku Mandal V. The Additional Commissioner of Income Tax, Rajahmundry Range, Rajahmundry

ITA 632/VIZ/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0332 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 14-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 22

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 AND SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I . T . A . NO. 632 /VIZ/2019 (ASST. YEAR : 20 06 - 07 ) BORUSU SATYANARAYANA, PROP. SATYA RATNA POULTRIES, D.NO. 12 - 94 , DUVVA, TANUKU MANDAL. PAN NO. ACZPB 8129 L VS. ADDL. CIT , RAJAHMUNDRY RANGE, RAJAHMUNDRY . (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI, ADVOCATE. DEPARTMENT BY : SMT. SUMAN MALIK, DR DATE OF HEARING : 2 2 / 12 /2020 . DATE OF PRONOUNCEMENT : 22 / 12 /20 20 . O R D E R PER N.K.CHOUDHRY, JUDICIAL MEMBER : TH I S APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , TIRUPATI , DATED 09 / 1 0/201 9 FOR THE ASSESSMENT YEAR 20 06 - 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 2 ITA NO. 632 /VIZ/20 19 ( BORUSU SATYANARAYANA ) VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT 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FILED BY THE ASSESSEE UNDER THE SCHEME, THEREFORE THE APPEAL OF THE ASSESSEE MAY KINDLY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAISED NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 PARTIES AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM - 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEP ARTMENT. CONSIDERING THE FACTS AND CIRCUMSTANCES, THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY AS PRAYED FOR IN ACCORDANCE OF LAW, HENCE ORDERED ACCORDINGLY. 6.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 A S WITHDRAWN. ORDER P RONOUNCED IN OPEN COURT ON THIS 22 ND DAY OF DEC., 2020 . SD/ - SD/ - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 ND DECEMBER , 2020. VR/ - 3 ITA NO. 632 /VIZ/20 19 ( BORUSU SATYANARAYANA ) COPY TO: 1. THE ASSESSEE BORUSU SATYANARAYANA, PROP. SATYA RATNA POULTRIES, D.NO. 12 - 94, DUVVA, TANUKU MANDAL 2. THE REVENUE ADDL. CIT, RAJAHMUNDRY RANGE, RAJAHMUNDRY 3. THE PR.CIT - II , VISAKHAPATNAM . 4. THE CIT(A) , TIRUPATI . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.