Shri Fazulul Rahaman Khan, Guntur V. The Deputy Commissioner of Income Tax, Central Circle-2, Guntur

ITA 665/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9490 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 04-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA

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. 665 / VIZ /201 9 (ASST. YEAR : 20 1 7 - 1 8 ) FAZULUL RAHAMAN KHAN, D.NO. 4 - 20 - 45/A, 4 TH LANE, SIDDHARTHA NAGAR, GUNTUR. V S. DC IT, CENTRAL CIRCLE - 2 , GUNTUR . PAN NO. ABWPR 2282 C (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI M.V. PRASAD , FC A . DEPARTMENT BY : SHRI B.RAMA KRISHN A , SR. DR DATE OF HEARING : 06 / 0 1 /2021 . DATE OF PRONOUNCEMENT : 06 / 0 1 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 23/08/2019 IMPUGNED HEREIN PASSED BY THE LD.CIT(A) - 3, VISAKHAPATNAM U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2017 - 18. 2. THE A SSESSE E HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 02/01/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, L D. AR HAS SUBMITTED THAT SINCE 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.5 , DATED 29/12/2020 IN 2 ITA NO. 665 /VIZ/20 19 ( FAZULUL RAHAMAN KHAN ) RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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. 5 (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 PR AYED 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 0 6 TH DAY OF JAN ., 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 6 TH JANUARY , 2021 . VR/ - 3 ITA NO. 665 /VIZ/20 19 ( FAZULUL RAHAMAN KHAN ) COPY TO: 1. THE ASSESSEE FAZULUL RAHAMAN KHAN, D.NO. 4 - 20 - 45/A, 4 TH LANE, SIDDHARTHA NAGAR, GUNTUR. 2. THE REVENUE DCIT, CENTRAL CIRCLE - 2, GUNTUR. 3. THE PR.CIT (CENTRAL) , VISAKHAPATNAM . 4. THE CIT(A) - 3 , VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.