THE B.S.N.L. EMP. C.C.S LIMITED NO.Z.613,GUNTUR V. INCOME TAX OFFICER, WARD-2(1), GUNTUR

ITA 260/VIZ/2024

AI Insights

The case involves an appeal by B.S.N.L. EMP.C.C.S Limited against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, which arose from a penalty levied under Section 270A of the Income Tax Act, 1961 for the Assessment Year 2018-19. Initially, a penalty of Rs. 16,09,748 was imposed following an addition of Rs. 26,14,744 in the assessment. However, subsequent to a quantum appeal, the penalty was reduced to nil. The assessee, having realized the modification, filed a petition to withdraw the appeal, which was unopposed by the Departmental Representative.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 472130 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-09-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 21-06-2024
• Other Referred Cases: ITA No. 165/Viz/2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: APARNA VILLURI
• Assessee Lawyers: GVN HARI

Judgement Text

" आयकर अपीलीयअिधकरण, िवशाखापटणम पीठ, िवशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM ᮰ी दु᭪वूᱧ आर एल रे᲻ी, ᭠याियक सद᭭य एवं ᮰ी एस बालाकृ᭬णन, लेखा सद᭭य के समᭃ BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ I.T.A. No. 260/Viz/2024 (िनधाᭅरण वषᭅ / Assessment Year: 2018-19) The B.S.N.L. EMP.C.C.S Limited, No.Z.613, Chilakaluripet, Guntur, Andhra Pradesh –522616. PAN: AAEAT2082P Vs. The Income Tax Officer, Ward-2(1), Guntur. (अपीलाथᱮ/ Appellant) (ᮧ᭜यथᱮ/ Respondent) अपीलाथᱮ कᳱ ओर से/ Appellant by : Sri GVN Hari, AR ᮧ᭜याथᱮ कᳱ ओर से / Respondent by : Dr. Aparna Villuri, Sr. AR सुनवाई कᳱ तारीख / Date of Hearing : 24/09/2024 घोषणा कᳱ तारीख/Date of Pronouncement : 27/09/2024 O R D E R PER DUVVURU RL REDDY, Judicial Member : This appeal filed by the assessee is against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“Ld. CIT(A)-NFAC”] in DIN & Order No. ITBA/NFAC/S/250/2023-24/1054145215(1), dated 05/07/2023 arising out of the order passed U/s. 270A of the Income Tax Act, 1961 [“the Act”] for the AY 2018-19. 2 2. At the very outset, the Learned Authorized Representative [“Ld. AR”] drew our attention to the assessee’s petition for withdrawal of appeal, dated 13/09/2024 and submitted that the grievance of the assessee raised in the present appeal having already been redressed by the orders of the Ld. Revenue Authorities, the Ld. AR pleaded the Bench that the assessee may be permitted to withdraw the appeal. 3. On the other hand, the Learned Departmental Representative [“Ld. DR”] did not have any objection to the submission of the Ld. AR. 4. We have heard both the sides and perused the material available on record as well as the orders of the Ld. Revenue Authorities. We have also gone through the assessee’s petition for withdrawal of appeal, dated 13/09/2024 wherein the assessee has submitted as under: “1…… 2. While it is so, consequent to the addition of Rs. 26,14,744/- made in the assessment, the AO levied penalty of Rs. 16,09,748/- U/s. 270A of the Act. The appeal filed against this order was also dismissed by the Ld. CIT(A) vide order dated 05/07/2023. Being aggrieved, the appellant preferred the above mentioned appeal on 21/06/2024 vide ITA No. 260/Viz/2024. 3. Actually, based on the relief given by the Hon’ble ITAT in ITA No. 165/Viz/2023 (Quantum Appeal), the AO modified the penalty order and reduced the penalty to Rs. NIL. The appellant did not notice this fact and therefore filed the appeal on 21/06/2024. 3 4. In view of the above, the grievance of the appellant having already been redressed, the appellant prays the Hon’ble ITAT, Visakhapatnam Bench to permit the appellant to withdraw the appeal.” 5. Considering the facts and circumstances of the case, we hereby dismiss the appeal of the assessee as withdrawn. 6. In the result, appeal of the assessee is dismissed. Pronounced in the open Court on 27th September, 2024. Sd/- Sd/- (एस बालाकृ᭬णन) (दु᭪वूᱧ आर.एल रे᲻ी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) लेखा सद᭭य/ACCOUNTANT MEMBER ᭠याियकसद᭭य/JUDICIAL MEMBER Dated :27/09/2024 OKK - SPS आदेश की Ůितिलिप अŤेिषत /Copy of the order forwarded to:- 1. िनधाᭅᳯरती/ The Assessee – The B.S.N.L. EMP.C.C.S Limited, No.Z.613, Chilakaluripet, Guntur, Andhra Pradesh –522616. 2. राज᭭व/The Revenue – The Income Tax Officer, Ward-2(1), O/o. ITO, Lakshmipuram Main road, Guntur, Andhra Pradesh-522006. 3. The Principal Commissioner of Income Tax, 4.आयकर आयुᲦ (अपील)/ The Commissioner of Income Tax (Appeals), 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, िवशाखापटणम/ DR, ITAT, Visakhapatnam 6.गाडᭅ फ़ाईल / Guard file आदेशानुसार / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam "