JETTY VENKATA RAO,RAJAHMUNDRY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX. CIRCLE-1(1), RAJAHMUNDRY

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ITA 295/VIZ/2019Status: DisposedITAT Visakhapatnam06 April 2021AY 2010-113 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee's application to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to seek recall of the order if unforeseen circumstances arise.

What were the facts?

The assessee filed an appeal before the ITAT for the assessment year 2010-11. During the hearing, the assessee applied for withdrawal of the appeal.

What were the issues?

The primary issue was whether the assessee's appeal could be dismissed as withdrawn due to availing the Vivad se Vishwas scheme.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: 31/03/2021

Per N.K. Choudhry, Judicial Member:

1.

This appeal has been preferred by the assessee against the order dated 28/02/2019 impugned herein passed by the ld.Commissioner of Income Tax (Appeals) [for short, “ld.Commissioner”], Rajamahendravaram u/sec.250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2010-11.

2.

The assessee has preferred an application under consideration dated 23/03/2021 for withdrawal of the appeal.

(Jetty Venkata Rao) 3. During the course of hearing, 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 19/03/2021 in response to the application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.

5.

Having heard both the parties and perused the application for withdrawal of the appeal and Form No.3 (Copy already on record) issued by the Department. Considering the facts 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 06th day of April, 2021.

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