PONNAPATI ESWAR REDDY,GUNTUR vs. THE INCOME TAX OFFICER, WARD-1, NARASARAOPET

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ITA 528/VIZ/2019Status: DisposedITAT Visakhapatnam02 March 2021AY 2013-143 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The Tribunal allowed the assessees' appeals to be dismissed as withdrawn. This was granted with liberty to seek recall of the orders if unforeseen circumstances arise.

What were the facts?

The assessees filed appeals before the Income Tax Appellate Tribunal (ITAT). During the hearing, the assessees sought to withdraw their appeals. This withdrawal was based on their availing of the Vivad se Vishwas scheme.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessees opting for the Vivad se Vishwas scheme.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 G.V.N. Hari, Advocate
For Respondent: Shri D.K. Sonawal, CIT DR
Hearing: 02/03/2021
1.

Ponnapati Vijaya Krishna vs. ITO, Ward-1, Reddy Narsaraopet. PAN No. AJIPP 9201 F

2.

Ponnapati Eswar Reddy PAN No. AJIPP 9200 E Both are r/o C/o P. Gopi Krishna, CA, M/s. V.Rao & Gopi, D.No. 26-10-1, 2nd Floor, Darga Road, Nagarampalem, Guntur. (Respondent) (Appellants)

Assessee by : Shri G.V.N. Hari, Advocate. Department by : Shri D.K. Sonawal, CIT DR Date of hearing : 02/03/2021. Date of pronouncement : 02/03/2021. O R D E R Per N.K. Choudhry, Judicial Member:

These appeals have been preferred by the different assessees against the separate orders both dated 08/07/2019 impugned herein passed by the ld.CIT(A)-2, Guntur u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2013-14.

2 & 528/VIZ/2019 (P. Vijaya Krishna Reddy & Another) 2. The assessees have preferred applications under consideration dated 26/02/2021 for withdrawal of the appeals.

3.

During the course of hearing, ld.counsel for the assessees has submitted that since assessees have 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 Forms No.3, dated 18/01/2021 in response to the applications filed by the assessees under the scheme, therefore appeals of the assessees may be allowed to be dismissed as withdrawn with liberty to seek recall of the orders in case any unforeseen circumstances would arise in future.

4.

The Ld. DR has raised no objection, if the appeals of the assessees are allowed to be dismissed as withdrawn.

5.

Having heard both the parties and perused the applications for withdrawal of the appeals and Forms No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the case, the appeals of assessees are 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, appeals of the assessees are dismissed as withdrawn.

Order Pronounced in open Court on this 02nd day of March, 2021.

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