Mahalaxmi Builders, Baroda V. The ACIT.,Circle-5, Baroda

CO 58/AHD/2008

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4732 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 20-07-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 19-02-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K DHANESTAD R
• Assessee Lawyers: P M MEHTA
• Section: 234B

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE S/SHRI BHAVNESH SAINI, JM AND D.C.AGRAWAL, A M M/S MAHALAXMI BUILDERS,, VRINDAVAN RESIDENTIAL PROJECT, OPP. NAGESHWAR TEMPLE, HARNI ROAD, BARODA. VS. ASST. C.I.T., CIRCLE-5, BARODA. (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI P.M. MEHTA, AR. REVENUE BY:- SHRI R. K. DHANESTA,DR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER . THIS CROSS OBJECTION HAS BEEN FILED BY THE ASSESSE E RAISING FOLLOWING GROUNDS :- (1) GROUNDS NO.2 TO 6 OF THE DEPARTMENTAL APPEAL ARE NO T EMANATING FROM THE ASSESSMENT ORDER OR THE CIT(A)S ORDER. FO R THE ABOVE REASON, GROUNDS NO.2 TO 6 OF THE DEPARTMENTAL APPEA L SHOULD NOT SURVIVE. (2) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) ERRED IN REJECTING THE ASSESSEES CLAIM THAT IT WAS NOT A T ALL A FIT CASE FOR LEVY OF INTEREST U/S 234B OF THE IT ACT. 2. AT THE OUTSET IT MAY BE MENTIONED THAT THE LD. A R SUBMITTED THAT THE ASSESSEE WANTS TO WITHDRAW THE CROSS OBJECTION. THEREFORE, PERMISSION FOR WITHDRAWAL OF THE CROSS OBJECTION BE GRANTED. C.O. NO.58/AHD/2008 ARISING OUT OF ITA NO.161/AHD/2008 ASST. YEAR 2003-04 2 3. THE LD. DR HAS NO OBJECTION. 4. AFTER HEARING THE BOTH THE PARTIES, WE ACCORD P ERMISSION TO WITHDRAW THE CROSS OBJECTION. ACCORDINGLY, THE CROS S OBJECTION IS REJECTED AS WITHDRAWN. 5. IN THE RESULT, THE CROSS OBJECTION IS REJECTED A S WITHDRAWN. ORDER WAS PRONOUNCED IN OPEN COURT ON 20/7/2010 SD/- SD/- (BHAVNESH SAINI) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, DATED :20/7/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD