M/s. NROX Specialities, V. The Income tax Officer, Ward-2, Vapi

CO 111/AHD/2007

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4802 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 09-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-06-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 23-05-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND A. N. PAHUJA, AM) C. O. NO.111 AND 112/AHD/2007 (IN ITA NO.1071 AND 1072/AHD/2007 FOR 2004-05 AND 2 005-06) NROX SPECIALTIES, SURVEY NO.327/1, DEMNI ROAD, SANTOSH TILES COMPOUND, DADRA, SILVASA, D. & N. H. PA NO. AAEFN 6151 B VS THE INCOME TAX OFFICER, VAPI WARD-2, AJIT NAGAR, CHALA, VAPI GUJARA (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY SHRI M. K. PATEL, AR RESPONDENT BY SHRI K. M. MAHESH, DR O R D E R PER BENCH: BOTH THE CROSS OBJECTIONS BY THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER OF THE LEARNED CI T(A), VALSAD DATED 29-11-2006 FOR ASSESSMENT YEARS 2004-05 AND 2005-06 . 2. BOTH THE CROSS OBJECTIONS BY THE ASSESSEE ARE FI LED MAINLY IN SUPPORT OF THE ORDER OF THE LEARNED CIT(A) IN GRANT ING RELIEF TO THE ASSESSEE U/S 80IB OF THE IT ACT. THE LEARNED COUNSE L FOR THE ASSESSEE SEEKS PERMISSION TO WITHDRAW BOTH THE CROSS OBJECTI ONS. 3. CONSIDERING THE ABOVE, WE PERMIT THE ASSESSEE TO WITHDRAW THE CROSS OBJECTIONS BECAUSE THE CROSS OBJECTIONS CANNO T BE FILED ONLY IN SUPPORT OF THE ORDER OF HE LEARNED CIT(A). THESE CR OSS OBJECTIONS ARE NOT MAINTAINABLE. HENCE, THE ASSESSEE IS PERMITTED TO W ITHDRAW BOTH THE CROSS OBJECTIONS. SAME ARE ACCORDINGLY DISMISSED AS WITHDRAWN. C. O. NO.111 AND 112/AHD/2007 (IN ITA NO.1071 AND 1072/AHD/2007 NROX SPECIALTIES VS ITO, W-2, VAPI 2 4. AS A RESULT, THE CROSS OBJECTIONS OF THE ASSESSE E ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 09-06-2010 SD/- SD/- (A. N. PAHUJA) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 09-06-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD