The ACIT, Visakhapatnam V. Shri Annamareddy varahala Rao, Visakhapatnam

ITA 96/VIZ/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3987 (ITAT-VISAKHAPATNAM)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 02-03-2017
• Court: TRIBUNAL

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. 96 / VIZ /2017 (ASST. YEAR : 20 1 2 - 1 3 ) ACIT, CIRCLE - 1(1) , VISAKHAPATNAM. V S. ANNAMAREDDY VARAHALA RAO , PROP. M/S. EAST COAST CORPORATION, D.NO. 23 - 6 - 6, GAJULA STREET, VISAKHAPATNAM. PAN NO. AANPA 8136 C (RESPONDENT) (APPELLANT ) ASSESSEE BY : SHRI I. KAMA SASTRY , C A . DEPARTMENT BY : SMT. SUMAN MALIK , SR. DR DATE OF HEARING : 04 / 0 3 /2021 . DATE OF PRONOUNCEMENT : 04 / 0 3 /20 2 1 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE DEPARTMENT AGAINST THE ORDER DATED 19/10/2016 IMPUGNED HEREIN PASSED BY THE LD. CIT(A), VIJAYAWADA U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2012 - 13 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 17/02/2021 FOR DISMISSING THE APPEAL. 3. AT THE OUTSET , L D. AR HAS SUBMITTED THAT SINCE A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS UNDER T HE 2 ITA NO. 96 /VIZ/20 17 ( ANNAMAREDDY VARAHALA RAO ) DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 22/01/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE REVENUE DEPARTMENT MAY BE DISMISSED. 4. THE LD. DR RAI SED NO OBJECTION, IF THE APPEAL OF THE REVENUE DEPARTMENT IS ALLOWED TO BE DISMISSED WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN C IRCUMSTANCES WOULD ARISE IN FUTURE . 5. HAVING HEARD BOTH THE PART IES 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 REVENUE DEPARTMENT IS LIABLE TO BE DISMISSED 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 REVENUE DEPARTMENT STANDS DISMISSED. ORDER PRONOUNCED IN OPEN COUR T ON THIS 04 TH DAY OF MARCH , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 04 TH MARCH , 2021 . VR/ - 3 ITA NO. 96 /VIZ/20 17 ( ANNAMAREDDY VARAHALA RAO ) COPY TO: 1. THE ASSESSEE ANNAMAREDDY VARAHALA RAO, PROP. M/S.EAST COAST CORPORATION, D.NO. 23 - 6 - 6, GAJULA STREET, VISAKHAPATNAM. 2. THE REVENUE ACIT , CIRCLE - 1(1), VISAKHAPATNAM. 3. THE CIT - 1 , VISAKHAPATNAM . 4. THE CIT(A) , VIJAYAWADA . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.