Belagam Srinivasa Rao, Vizianagaram v. The Assistant Commissioner of Income Tax, Central Circle-1, , Visakhapatnam

ITA 479/VIZ/2019 | 2011-2012
Pronouncement Date: 04-03-2021 | Result: Dismissed

Appeal Details

RSA Number 47925314 RSA 2019
Assessee PAN ABXPB1007C
Bench Visakhapatnam
Appeal Number ITA 479/VIZ/2019
Duration Of Justice 1 year(s) 7 month(s) 22 day(s)
Appellant Belagam Srinivasa Rao, Vizianagaram
Respondent The Assistant Commissioner of Income Tax, Central Circle-1, , Visakhapatnam
Appeal Type Income Tax Appeal
Pronouncement Date 04-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 04-03-2021
Last Hearing Date 23-10-2019
First Hearing Date 23-10-2019
Assessment Year 2011-2012
Appeal Filed On 12-07-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM . . BEFORE SHRI N.K.CHOUDHRY HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH HONBLE ACCOUNTANT MEMBER ./ I.T. A.NO. 479 /VIZ/20 1 9 ( / A SSESSMENT Y EAR : 20 1 1 - 12 ) BELAGAM SRINIVASA RAO D.NO.19 - 1 - 10 ZIDDUVARI STREET VIZIANAGARAM [PAN : ABXPB 1007C] VS . ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI AR / RESPONDENT BY : S MT.SUMAN MALIK DR / DATE OF HEARING : 0 4 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 04 . 0 3 . 202 1 / O R D E R P ER D.S.SUNDER SINGH ACCOUNTANT MEMBER : TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 1 VISAKHAPATNAM IN ITA NO. 220 /201 4 - 1 5/ACIT C C - 1 VSP/2019 - 20 DATED 24 . 0 4 .20 1 9 FOR THE ASSESSMENT YEAR (A.Y.) 20 1 1 - 1 2 . 2. WHEN TH IS AP PEAL IS TAKEN UP FOR HEARING THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE PREFERRED AN APPLICATION U/SEC. 4(2) OF VIVAD 2 I.T.A. NO . 479 /VIZ/20 1 9 A.Y.20 1 1 - 1 2 BELAGAM SRINIVASA RAO VIZIANAGARAM SE VISHWAS ACT 2020 AND THE PRINCIPAL COMMISSIONER OF INCOME TAX - I VI SAKHAPATNAM WAS PLEASED TO ISSUE A C ERTIFICATE IN FORM NO.3 ON 16 . 1 2 . 202 0 . . FORM NO.3 IS A CERTIFICATE ISSUED UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 BY THE PR.CIT DETERMINING THE TOTAL TAX PAYABLE BY THE ASSESSEE IN RESPONSE TO THE APPLICATION MADE BY THE ASSESSEE UNDER THE SCHEME. THE ASSESSE E FURTHER STATED THAT O NCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER THE APPEAL SHALL BE DEEMED TO HAVE BE EN WITHDRAWN FROM THE DATE ON WHICH FORM NO.3 IS FILED HOWEVER HE SUBMITTED THAT APPEAL MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES. 3. LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITION FILED BY THE ASSESSEE. W E FIND THAT IN THIS CASE FORM NO.3 IS ISSUED BY THE PR.COMMISSIONER AND THE ASSESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. WE THEREFORE DISMISS THE APPEAL AS WITHDRAWN HOWEVER WITH A RIDER THAT IN ANY CASE THE CERTIFICATE ISSU ED BY THE PR.COMMISSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON IT IS OPEN TO THE ASSESSEE TO FILE AN APPROPRIATE 3 I.T.A. NO . 479 /VIZ/20 1 9 A.Y.20 1 1 - 1 2 BELAGAM SRINIVASA RAO VIZIANAGARAM APPLICATION BEFORE THE TRIBUNAL. IN THAT EVENT THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH MARCH 2021. SD/ - SD/ - ( ) ( . . ) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) / JUDICIAL MEMBER / ACCOUNTANT MEMBER DATED : 04 .0 3 .2021 L.RAMA SPS / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE BELAGAM SRINIVASA RAO D.NO.19 - 1 - 10 ZIDDUVARI STREET VIZIANAGARAM 2 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 VISAKHAPATNAM 3. THE PR. COMMISSIONER OF INCOME TAX - 1 VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 VISAKHAPATNAM 5 . / DR ITAT VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT VISAKHAPATNAM