The Dy. Commissioner of Income-tax, Srinagar V. Sh. Arun Kumar Seth, Srinagar

CO 5/ASR/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4132 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 6 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-10-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 08-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER CROSS OBJECTION NO. 05/ASR/2014 (ARISING O UT OF ITA NO. 80/ASR/2014) ASSESSMENT YEAR: 2010-11 ARUN KUMAR SETH, PROP. SETH SALES CORPORATION MAHARAJA BAZAR, SRINAGAR [PAN: AJBPS 4215K] VS. DY. COMMISSIONER OF INCOME-TAX, CIRCLE-3, SRINAGAR (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY : SH. TARUN BANSAL (ADV.) RESPONDENT BY: SH. CHARAN DAS (D.R.) DATE OF HEARING: 30.10.2018 DATE OF PRONOUNCEMENT: 30.10.2018 ORDER PER SANJAY ARORA, AM: THIS IS A CROSS OBJECTION (CO) BY THE ASSESSEE IN R ESPECT OF THE REVENUES CAPTIONED APPEAL, WHICH WAS POSTED FOR HEARING ALON G WITH AND, ACCORDINGLY, HEARD ON 29.10.2018 AS A LOW TAX-EFFECT APPEAL, COVERED B Y INSTRUCTION NO. 3/2018, DATED JULY 11, 2018 BY THE CBDT ISSUED U/S. 268A OF THE I NCOME-TAX ACT, 1961 (THE ACT HEREINAFTER). THE CO RAISING ISSUES WHICH THE ASSESSEE, AS EXPLAINED BY HIS LD. COUNSEL, SH. BANSAL, WANTED TO PRESS, IT WAS ACCORD INGLY ADJOURNED FOR HEARING ON HIS REQUEST, STATING TO BE NOT READY WITH THE MATTE R. 2. AS IT SUBSEQUENTLY TRANSPIRED, THE ASSESSEE HAS FOR THE RELEVANT YEAR ALSO PREFERRED AN APPEAL (IN ITA NO. 36/ASR/2014) WHICH, AGAIN, POSTED FOR HEARING ON CO 05/ASR/2014 (AY 2010-11) ARUN KUMAR SETH V. DY. CIT 2 29/10/2018, UPON SIMILAR REQUEST BY SH. BANSAL, ITS HEARING STANDS ADJOURNED TO 07.02.2019. FURTHER, AS EXPLAINED BY MR. BANSAL, TH E ASSESSEE HAS ALREADY TAKEN THE GROUNDS RAISED IN THE INSTANT CO PER ITS SAID APPE AL, AND THAT THEREFORE THE SAME IS RENDERED UNFRUCTUOUS, SO THAT THE ASSESSEE WISHES T O WITHDRAW THE SAME. THE SAME IS ACCORDINGLY DISMISSED AS WITHDRAWN, BEING UNFRUC TUOUS. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON OCTOBER 30, 2 018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 30.10.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ARUN KUMAR SETH, PROP. SETH SALES CORPORATION MAHARAJA BAZAR, SRINAGAR (2) THE RESPONDENT: DY. COMMISSIONER OF INCOME- TAX, CIRCLE-3, SRINAGAR (3) THE CIT (APPEALS), JAMMU (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T. TRUE COPY BY O RDER