Smt. Tamatapu Venkata Lakshmi Kantham, Anakapalle V. The Additional Commissioner of Income Tax, Circle-1, Kakinada

ITA 676/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4021 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL

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. 676 / VIZ /2019 (ASST. YEAR : 20 1 0 - 1 1 ) SMT. TAMATAPU VENKATA LAKSHMI KANTHAM , #15E, NTR MARKET YARD, C/O KOLAPARTHI APPA RAO TRADERS, ANAKAPALLE . V S. ADDL. C IT, CIRCLE - 1, KAKINADA . PAN NO. AFHPT 8465 Q (APPELLANT ) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 10 / 0 3 /2021 . DATE OF PRONOUNCEMENT : 10 / 0 3 /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 16/01/2019 IMPUGNED HEREIN PASSED BY THE LD. CIT(A) - 2 , GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2010 - 11 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 26/02/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, WE HAVE OBSERVED THAT A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS 2 ITA NO. 676 /VIZ/20 19 ( SMT. TAMATAPU VENKATA LAKSHMI KANTHAM ) UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 15/02/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME. IN THE APPLICATION FOR WI TH DRAWAL OF THE APPEAL THE ASSESSEE HAS STATED THAT A P P E A L MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 LD.DR AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE APPEAL AND FORM NO. 3 (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 SE EK 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 10 TH DAY OF MARCH , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10 TH MARCH , 2021 . VR/ - 3 ITA NO. 676 /VIZ/20 19 ( SMT. TAMATAPU VENKATA LAKSHMI KANTHAM ) COPY TO: 1. THE ASSESSEE SMT. TAMATAPU VENKATA LAKSHMI KANTHAM, #15E, NTR MARKET YARD, C/O KOLAPARTHI APPA RAO TRADERS, ANAKAPALLE. 2. THE REVENUE ADDL. CIT, CIRCLE - 1, KAKINADA. 3. THE PR.CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) - 2 , GUNTUR . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.