Gayatri Vidya Parishad, Visakhapatnam V. THE ACIT, Visakhapatnam

ITSSA 1/VIZ/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1163 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 19-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

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 IT (SS ) A NO. 01 / VIZ /2016 ( FOR THE BLOCK PERIOD 01/04/1990 TO 29/11/2000 ) M/S. GAYATRI VIDYA PARISHAD, # 1 - 83 - 21/3, SECTOR - 8 , M.V.P. COLONY, VISAKHAPATNAM. V S. AC IT, CIRCLE - 5 (1) , VISAKHAPATNAM. PAN NO. AAAAG 0434 F (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SHRI D.K. SONAWAL , CIT DR DATE OF HEARING : 16 / 0 2 /2021 . DATE OF PRONOUNCEMENT : 03 / 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 06/06/2016 IMPUGNED HEREIN PASSED BY THE LD.CIT(A) - 2, VISAKHAPATNAM U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE BLOCK PERIOD 01/04/1990 TO 2 9/11/2000 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 08/02/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, L D. COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT SINCE A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS UNDER T HE DIRECT TAX VIVAD SE 2 IT (SS) A NO. 01 /VIZ/20 16 ( M/S. GAYATRI VIDYA PARISHAD ) VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 03/02/2021 IN 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FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5.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. 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 CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6.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 0 3 R D DAY OF MARCH , 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 3 R D MARCH , 2021 . VR/ - 3 IT (SS) A NO. 01 /VIZ/20 16 ( M/S. GAYATRI VIDYA PARISHAD ) COPY TO: 1. THE ASSESSEE M/S. GAYATRI VIDYA PARISHAD, 1 - 83 - 21/3, SECTOR - 8, M.V.P. COLONY, VISAKHAPATNAM. 2. THE REVENUE ACIT, CIRCLE - 5(1), VISAKHAPATNAM. 3. THE PR.CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) - 2 , VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.