Jetty Jagannadha Rao, Rajahmundry v. The Assistant Commissioner of Income Tax. Circle-1(1), , Rajahmundry

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH HON'BLE ACCOUNTANT MEMBER I . T . A . NO. 301 / VIZ /2019 (ASST. YEAR : 20 1 0 - 1 1 ) JETTY JAGANNADHA RAO D.NO. 9 - 24 - 2 GUNDUVARI STREET RAJAHMUNDRY. V S. AC IT CIRCLE - 1 (1) RAJAMAHENDRAVARAM . PAN NO. ACFPJ 5598 M (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI C.SUBRAHMANYAM FC A DEPARTMENT BY : SMT. SUMAN MALIK SR. DR DATE OF HEARING : 18 / 0 3 /2021 . DATE OF PRONOUNCEMENT : 18 / 0 3 /20 2 1 . O R D E R PER N.K. CHOUDHRY JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 28/02/2019 IMPUGNED HEREIN PASSED BY THE LD. CIT(A) 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 A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 18/03/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING L D. AR HAS SUBMITTED THAT SINCE A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS 2 ITA NO. 301 /VIZ/20 19 ( JETTY JAGANNADHA RAO ) UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 DATED 05/03/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4.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 DR RAI SED NO OBJECTION IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICAT ION FOR WI THDRAWAL OF THE APPEAL AND FORM NO. 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN.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 18 TH DAY OF MARCH 2021 . S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18 TH MARCH 2021 . VR/ - 3 ITA NO. 301 /VIZ/20 19 ( JETTY JAGANNADHA RAO ) COPY TO: 1. THE ASSESSEE JETTY JAGANNADHA RAO D.NO. 9 - 24 - 2 GUNDUVARI STREET RAJAHMUNDRY. 2. THE REVENUE ACIT CIRCLE - 1(1) RAJAMAHENDRAVARAM. 3. THE PR.CIT RAJAMAHENDRAVARAM . 4. THE CIT(A) RAJAMAHENDRAVARAM . 5. THE D.R. VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY ITAT VISAKHAPATNAM.