Ramanlal M.Sha, Adoni V. Deputy Commissioner of Income tax, Pune

ITA 1036/PUN/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9676 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 12-12-2018
• Assessment Year: 2003-2004
• Appeal Filed On: 25-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NOS.1036 & 1037/PUN/2017 / ASSESSMENT YEARS : 2003-04 & 2005-06 SHRI RAMANLAL M. SHA. PROP. RAJASHRI ENTERPRISES, 17/26, MADHAVRAM ROAD, ADONI-518 301 PAN : AEYPS0525E ....... / APPELLANT / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), PUNE. / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI M.K. VERMA / DATE OF HEARING : 12.12.2018 ! / DATE OF PRONOUNCEMENT : 13.12.2018 / ORDER PER R.S. SYAL, VP : THESE TWO APPEALS BY THE ASSESSEE ARISE OUT OF THE COMMON ORDER PASSED BY THE CIT(APPEALS)-12, PUNE ON 22.01.2016 I N RELATION TO THE ASSESSMENT YEARS 2003-04 & 2005-06. 2. AT THE OUTSET, THE LD. AR FILED A LETTER DATED 12.12.2018 SEEKING WITHDRAWAL OF THE APPEALS. THE REASON FOR SUCH WITH DRAWAL, AS MENTIONED IN THE SAID LETTER, READS AS UNDER: 2 ITA NOS. 1036 & 1037/PUN/2017 A.YS. 2003-04 & 2005-06 1) THESE ARE THE MATTERS RELATING TO YEARS MORE THA N 12-13 YEARS AGO OF WHICH MY RECORDS ARE NOT TRACEABLE. 2) ON SEARCH, FILES WERE TRANSFERRED TO PUNE FROM ADONI . 3) AFTER SEARCH, ASSESSMENT FILES WERE AGAIN TRANSFER RED TO ADONI AS PER ORDER U/S.127(2) DATED 27.05.2008. 4) DEPARTMENT CLAIMS THAT THE TRANSFER ORDERS WERE C ANCELLED. IN THE PROCESS SEIZED RECORDS AND SUBMISSIONS ARE NOT TRAC EABLE EVEN IN THE DEPARTMENT, EITHER AT PUNE OR AT ADONI/ KARNOOL (AP). 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING RECE IVED NO OBJECTION FROM THE SIDE OF LD. DR, I ALLOW THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEALS. 4. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED ON 13 TH DAY OF DECEMBER, 2018. SD/- R.S. SYAL /VICE-PRESIDENT ' / PUNE; #$ / DATED : 13 TH DECEMBER, 2018. SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS)-12, PUNE. 4. THE PR. CIT (CENTRAL), PUNE. 5. &'( ) , ) , - *+, , ' / DR, ITAT, SMC BENCH, PUNE. 6. (- ./ / GUARD FILE. // TRUE COPY // $'0 / BY ORDER, 1 ), / PRIVATE SECRETARY ) , ' / ITAT, PUNE . 3 ITA NOS. 1036 & 1037/PUN/2017 A.YS. 2003-04 & 2005-06 * DATE 1 DRAFT DICTATED ON 12.12.2018 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 12.12.2018 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER