Tadi Vasudeva Rao, Rajamahendravaram V. The Income Tax Officer, Ward-1(1), Rajamahendravaram

ITA 692/VIZ/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3984 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 24-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SATYANARAYANA RAJU

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 692 /VIZ/20 19 ( / A SSESSMENT Y EAR : 20 1 4 - 15 ) TADI VASUDEVA RAO PROP.KAILASH AGENCIES D.NO.31 - 1 - 16 JANDAPANJA ROAD RAJMAHENDRAVARAM [PAN : ABJP T5053E ] VS . INCOME TAX OFFICER WARD - 1(1) RAJAMAHENDRAVARAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI, AR / RESPONDENT BY : S HRI B. SATYANARAYANA RAJU, DR / DATE OF HEARING : 16 . 0 2 .202 1 / DATE OF PRONOUNCEMENT : 17.02 . 202 1 / O R D E R P ER D.S.SUNDER SINGH , ACCOUNTANT MEMBER : TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)], RAJAMAHENDRAVARAM IN ITA NO. 10017 /201 7 - 1 8 /CIT(A) / RJY DATED 2 5 . 10 .20 19 FOR THE ASSESSMENT YEAR (A.Y.) 20 1 4 - 1 5 . 2 I.T.A. NO . 692 /VIZ/20 19 , A.Y.20 1 4 - 1 5 TADI VASUDEVA RAO , RAJAMAHENDRAVARAM 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING, THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD SE VISHWAS ACT, 2020 AND THE PRINCIPAL COMMISSIONER OF INCOME TAX (PR.CIT) , VISAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 04.02.2021 . FORM NO.3 IS A CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, ISSUED BY THE PR.CIT, DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCHEME. THUS, ON ISSUE OF THE CERTIFICATE IN FORM NO.3, THE TAX DISPUTE STANDS SETTLED UNLESS THE CERTIFICATE IS WITHDRAWN OR CANCELLED BY THE PR.CIT. THE ASSESSEE FURTHER STATED THAT O NCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIO NER, THE APPEAL SHALL BE DEEMED TO HAVE BE EN WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED, HOWEVER, HE SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN C ONTINGENCIES. 3. LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITION FILED BY THE ASSESSEE. WE FIND THAT IN THIS CASE FORM NO.3 IS ISSUED BY THE PR.COMMISSIONER AND THE 3 I.T.A. NO . 692 /VIZ/20 19 , A.Y.20 1 4 - 1 5 TADI VASUDEVA RAO , RAJAMAHENDRAVARAM ASSESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. WE, THEREFORE, DISMISS THE APPEAL AS WITHDRAWN, HOWEVER, WITH A RIDER THAT IN ANY CASE THE CERTIFICATE ISSUED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REA SON, IT IS OPEN TO THE ASSESSEE TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH FEBRUARY, 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 17.02 .2021 L.RAMA, SPS 4 I.T.A. NO . 692 /VIZ/20 19 , A.Y.20 1 4 - 1 5 TADI VASUDEVA RAO , RAJAMAHENDRAVARAM / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE TADI VASUDEVA RAO , PROP.KAILASH AGENCIES , D.NO.31 - 1 - 16, JANDAPANJA ROAD, RAJMAHENDRAVARAM 2 . / THE REVENUE INCOME TAX OFFICER, WARD - 1(1),RAJAMAHENDRAVARAM 3. THE PR. COMMISSIONER OF INCOME TAX , VI SAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) , RAJAMAHENDRAVARAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM