M/S VASUDHA SHELTERS,VIJAYAWADA vs. THE ACIT, VIJAYAWADA

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ITA 137/VIZ/2015Status: HeardITAT Visakhapatnam14 June 2022AY 2010-114 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw its appeals as the assessee stated that the issues were being contested in regular appeals. The appeals were dismissed as withdrawn.

What were the facts?

The assessee filed two appeals before the ITAT against orders passed by the CIT and Principal CIT. The assessee subsequently filed petitions to withdraw these appeals.

What were the issues?

Whether the assessee should be allowed to withdraw its appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

Hearing: 14/06/2022

Heard together (2 matters)

I.T.A. No.137/Viz/2015
I.T.A. No.417/Viz/2018

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

2 PER DUVVURU RL REDDY, Judicial Member :

Both the captioned appeals are filed by the assessee. I.T.A. No.137/Viz/2015 is filed against the order of the CIT, Vijayawada, dated 26/03/2015 and I.T.A. No.417/Viz/2018 is filed against the order of the Principal Commissioner of Income Tax, Vijayawada, dated 21/3/2018 passed U/s. 263 of the Act for the AY 2010-11. 2. At the outset, the Ld. Counsel for the assessee brought our attention to the petitions for withdrawal of the present appeals dated 3/6/2022 and read out the contents thereof which is as under: “(i)…… (ii)……. (iii) Inasmuch as the assessee is contesting the issues raised by the Pr. CIT / CIT in regular appeal, in view of this, vide this petition, assessee wishes to withdraw the subject appeal ie., ITA No. 417/2015 and ITA No. 137/2015. Accordingly, the appeals may be disposed off.”

3.

Therefore, the Ld. AR prayed before us that considering the above request of the assessee, the instant appeals may be allowed to be withdrawn. The Ld. DR did not object to the submission of the Ld. AR.

3

4.

After hearing the Ld. AR and the Ld. DR and on perusal of the contents of the withdrawal petitions filed before us, we are of the considered view that since the assessee itself states that the issues raised in the instant appeals are contesting by the assessee in their regular appeals, we allow the assessee to withdraw its appeals. It is ordered accordingly.

5.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.

Pronounced in the open Court on the 15th June, 2022. (एस बाऱाकृष्णन) (दुव्िूरु आर.एऱ रेड्डी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) ऱेखा सदस्य/ACCOUNTANT MEMBER न्याययकसदस्य/JUDICIAL MEMBER Dated : 15.06.2022 OKK - SPS आदेश की प्रतिलिपि अग्रेपिि/Copy of the order forwarded to:- ननधधाररती/ The Assessee– M/s. Vasudha Shelters, D.No. 27-23-31,

1.

Gopalreddy Road, Vijayawada. रधजस्व/The Revenue – (i) Asst. Commissioner of Income Tax, Circle- 2. 1(1), Vijayawada.(ii) DCIT, Circle-1(1), Vijayawada.

3.

The Principal Commissioner of Income Tax, Vijayawada. आयकर आयुक्त ( अऩीऱ)/

4.

The Commissioner of Income Tax, Vijayawada. (ii) CIT/JCIT………..Vijayawada.

4 ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, ववशधखधऩटणम/ DR, ITAT,

5.

Visakhapatnam गधर्ा फ़धईऱ / Guard file 6. आदेशधनुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam

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