Ratnala Bhaskara Rao Alias Lokhanadha Rao, Srikakulam V. The Income Tax Officer, Ward-2, , Srikakulam

ITA 703/VIZ/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5924 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 30-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MINI CHANDRAN LD
• Assessee Lawyers: GVN HARI LD
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER I.T.A. NO. 703 /VIZ/ 2019 (ASST. YEAR : 2011 - 12 ) RATNALA BHASKARA RAO ALIAS LOKHANDHA RAO, SRIKAKULAM PAN NO. AEGPR 2012 B V S. INCOME TAX OFFICER WARD - 2, SRIKAKULAM (APPELLANT ) (RESPONDENT) ASSESSEE BY : SH . GVN HARI, LD ADVOCATE DEPARTMENT BY : MS . MINI CHANDRAN LD. SR. DR DATE OF HEARING : 2 2 / 04 /202 1 . DATE OF PRONOUNCEMENT : 2 2 / 04 /202 1 . O R D E R PER SHRI N.K.CHOUDHRY, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS - 2 ), VIS AK H APATNAM , DATED 30 - 08 - 2019 FOR THE ASSESSMENT YEAR 2011 - 12 . 2. THE ASSESSEE HAS PREFERRED THE INSTANT APPLICATION UNDER CONSIDERATION FOR WITHDRAWAL OF THE APPEAL. 3. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E; VIVAD SE VISHWAS UNDER THE DIRECT TAX 2 ITA NO.703/VIZ/2019 (RATNALA BHASKARA RAO) VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO. 3 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE UNDER THE SCHEME, THEREFORE THE APPEAL OF THE ASSESSEE MAY KINDLY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAISED NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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 THE PARTIE S AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM - 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT ON DATED 19 - 04 - 2021 . CONSIDERING THE FACTS AND CIRCUMSTANCES, THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBER TY AS PRAYED FOR IN ACCORDANCE OF LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, INSTANT APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. O RDER PRONOUNCED IN OPEN COURT ON THIS 22 ND DAY OF APRIL, 2021 . S D/ - SD/ - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 ND APRIL, 2021. VR/ - 3 ITA NO.703/VIZ/2019 (RATNALA BHASKARA RAO) COPY TO: 1. THE APPELLANT - RATNALA BHASKARA RAO @ LOKHANADHA RAO , PROP. SESHADRI WINES, S.R.C. PURAM, MAIN ROAD, KANCHILI, SRIKAKULAM . 2. THE RESPONDENT ITO , WARD - 2, SRIKAKULAM . 3. THE PR.CIT - 2, VISAKHAPATNAM . 4. THE CIT(A ) - 2, VISAKHAPATNAM . 5. THE SR. D.R., VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.