THE ITO, VISAKHAPATNAM vs. SRI INTURI RAMA RAO, FUF, VISAKHAPATNAM

PDF · subscribers
ITA 321/VIZ/2016Status: DisposedITAT Visakhapatnam05 May 2021AY 2009-20103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as infructuous and the assessee's cross-objection as withdrawn, granting liberty to seek recall if unforeseen circumstances arise.

What were the facts?

The Revenue Department filed an appeal and the assessee filed a cross-objection. The assessee later applied for dismissal of the appeal as infructuous and the cross-objection as withdrawn, having availed the Vivad Se Vishwas scheme.

What were the issues?

Whether the Revenue's appeal should be dismissed as infructuous and the assessee's cross-objection withdrawn due to the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri C.Subrahmanyam, FCA
For Respondent: Smt. Suman Malik, Sr.DR
Hearing: 29/04/2021Pronounced: 05/05/2021

Heard together (2 matters)

I.T.A. No. 321/VIZ/2016
C.O.No. 44/VIZ/2016

Read from the judgment's own cause title. This page is filed under one of them.

This appeal has been preferred by the Revenue Department and the cross objection has been preferred by the assessee against the order dated 15/04/2016 impugned herein passed by the ld. CIT(A)-1, Visakhapatnam u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2009-10.

2.

The assessee has preferred an application under consideration dated 15/04/2021 for dismissal of the appeal.

3.

At the outset, ld.AR has submitted that since assessee has availed the immunity scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3, dated 12/04/2021 in response to the application filed by the assessee under the scheme, therefore appeal of the Revenue Department may be dismissed as infructuous and the cross objection of the assessee may be allowed to be dismissed as withdrawn.

4.

The Ld. DR has raised no objection, if the cross objection of the assessee is allowed to be dismissed as withdrawn and also appeal of the Revenue may be dismissed as infructuous with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

5.

Having heard both the parties and perused the application for dismissal of the appeal and Form No.3 (Copy already on record) issued by the Department. Considering the facts and 3 C.O.No. 44/VIZ/2016 [Inturi Rama Rao (HUF)] circumstances of the case, the cross objection of the assessee is liable to be dismissed as withdrawn and the appeal of the Revenue Department is also liable to be dismissed as infructuous 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 as infructuous and the cross objection of the assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 05th day of May, 2021.

Recent GST High Court judgments

Search GST case law →