M/S. NARAYANA REDDY ENTERPRISES,KAKINADA vs. THE ITO, WARD-1, KAKINADA

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ITA 681/VIZ/2019Status: DisposedITAT Visakhapatnam22 December 2020AY 2011-20122 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The Tribunal allowed the assessee's appeal to be dismissed as withdrawn. This was based on the assessee availing the Vivad se Vishwas scheme and the department issuing Form No. 3.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2011-12. The assessee subsequently filed an application to withdraw 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The primary issue was whether the assessee's appeal could be dismissed as withdrawn due to availing the Vivad se Vishwas scheme.

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
Hearing: 22/12/2020

Per N.K.Choudhry, Judicial Member :

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-1, Guntur, dated 17/10/2019 for the Assessment Year 2011-12.

2.

The Assessee has preferred the instant application under consideration for withdrawal of the appeal. 3. During the course of hearing, the Ld. Counsel for the Assessee submitted that since the 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 in response to the application filed by the 2 (M/s. Narayana Reddy Enterprises) Assessee under the scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.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 the parties and perused the application for withdrawal of the appeal and Form-3 (Copy already on record) issued by the Department. Considering the facts and circumstances, the appeal of assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly.

6.

In the result, instant appeal of the Assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 22nd day of Dec., 2020. sd/- Sd/- (D.S.SUNDER SINGH) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 22nd December, 2020. vr/- Copy to:

1. 1. The Assessee – M/s. Narayana Reddy Enterprises, D.No. 34-16-38, Cinema Road, Mandapeta, Kakinada 2. The Revenue – ITO, Ward-1, Kakinada.

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