Shri Ramanjaneyulu Kotapati, Vijayawada V. The Income Tax Officer, Ward-International Taxation, Vijayawada

ITA 641/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5911 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 08-03-2021
• Assessment Year: 2016-2017
• Appeal Filed On: 21-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13; 20

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. 641 / VIZ /2019 (ASST. YEAR : 20 1 6 - 1 7 ) RAMANJANEYULU KOTAPATI, PROP. SRI HANUMAN COLD STORAGE, 25 - 24, PARCHUR ROAD , PRAKASAM . V S. ITO , WARD (INTERNATIONAL TAXATION), VIJAYAWADA . PAN NO. AKHPK 7757 M (APPELLANT ) (RESPONDENT) ASSESSEE BY : NONE. DEPARTMENT BY : SHRI N. GOPI KRISHNA , SR. DR DATE OF HEARING : 20 / 0 4 /2021 . DATE OF PRONOUNCEMENT : 20 / 0 4 /20 2 1 . O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS - 10 ) , HYDERABAD , DATED 13 TH AUGUST, 2019 FOR THE ASSESSMENT YEAR 2016 - 17 . 2. THE A SSESSEE HA S PREFERRED THE INSTANT APPLICATION UNDER CONSIDERATION FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, T HE A SSESSEE SUBMITTED THAT SINCE THE A SSESSEE 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 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE 2 ITA NO. 641 /VIZ/20 19 ( RAMANJANEYULU KOTAPATI ) THE APPEAL OF THE A SSESSEE MAY KINDLY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF T HE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 R ECORD) ISSUED BY THE DEPARTMENT ON DATED 30/12/2020 . CONSIDERING THE FACT S AND CIRCUMSTANCES, THE APPEAL OF A SSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6.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 20 TH DAY OF APRIL , 2021 . SD/ - SD/ - ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20 TH APRIL , 2021 . VR/ - 3 ITA NO. 641 /VIZ/20 19 ( RAMANJANEYULU KOTAPATI ) COPY TO: 1. THE ASSESSEE RAMANJANEYULU KOTAPATI, PROP. SRI HANUMAN COLD STORAGE, 25 - 24, PARCHUR ROAD, PRAKASAM. 2. THE REVENUE ITO, WARD (INTERNATIONAL TAXATION), VIJAYAWADA. 3. THE CIT (IT & TP) , HYDERABAD . 4. THE CIT(A) - 1 0 , HYDERABAD . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.