A. V. Seshagiri Rao, Visakhapatnam V. The Assistant Commissioner of Income Tax, Circle-5(1), Visakhapatnam

ITA 643/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5973 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SATYANARAYANA RAJU

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. 643 /VIZ/2019 (ASST. YEAR : 2008 - 09 ) A.V. SESHAGIRI RAO , D.NO. 4 - 105, NERELLAVASASA COLONY, BHEEMUNIPATNAM , VISAKHAPATNAM . V S. ACIT , CIRCLE - 5(1), VISAKHAPATNAM. PAN NO. AGQPA 5104 R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI C.SUBRAHMANYAM , FC A DEPARTMENT BY : SHRI B.SATYANARAYANA RAJU , SR. DR DATE OF HEARING : 08 / 0 4 /2021 . DATE OF PRONOUNCEMENT : 19 / 0 4 /2021 . O R D E R PER N.K. CHOUDHRY , JUDICIAL MEMBER THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 09 /1 0 /2019 IMPUGNED HEREIN PASSED BY THE LD.COMMISSIONER OF INCOME TAX (APPEALS) - 2 [FOR SHORT , LD.COMMISSIONER] , GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'ACT') FOR THE A.Y. 20 08 - 09 . 2. THE ASSESSEE HAS PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 05/04/2021 FOR WITHDRAWAL OF THE APPEAL. 2 ITA NO. 643 / VIZ /2019 ( A.V. SHESHAGIRI RAO ) 3. DURING THE COURSE OF HEARING, LD. AR HAS SUBMITTED THAT SINCE ASSESSEE HAS 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 FORM NO.3, DATED 26/03/2021 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESS EE UNDER THE SCHEME, THEREFORE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAISED NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PARTIES AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM NO.3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE C ASE, 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 1 9 T H DAY OF APRIL, 2021. S D / - S D / - (D.S. SUNDER SINGH) ( N.K. CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 9 T H APRIL , 20 2 1 . VR/ - 3 ITA NO. 643 / VIZ /2019 ( A.V. SHESHAGIRI RAO ) COPY TO: 1. THE ASSESSEE - A.V. SESHAGIRI RAO, D.NO. 4 - 105, NERELLAVASASA COLONY, BHEEMUNIPATNAM, VISAKHAPATNAM. 2. THE REVENUE ACIT, CIRCLE - 5(1), VISAKHAPATNAM. 3. THE PR. CIT - 2 , VISAKHAPATNAM. 4. THE CIT(A) - 2 , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.