Yazaki India Private Ltd., Pune V. Additional Commissioner of Income-tax,

ITA 1099/PUN/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5012 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-10-2018
• Assessment Year: 2004-2005
• Appeal Filed On: 24-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Assessee Lawyers: NACHIKET BARVE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1099 /P U N/201 6 / ASSESSMENT YEAR : 20 0 4 - 05 YAZAKI INDIA PRIVATE LIMITED, [FORMERLY KNOWN AS TATA YAZAKI AUTO COMP LIMITED], ATTN : MR. SANJAY VAMBURKAR, ONYX TOWER, 5 TH FLOOR, NORTH MAIN ROAD, NEAR WESTIN HOTEL, KOREGAON PARK, PUNE 411001 PAN : AAACT5570F ....... / APPELLANT / V/S. A DDL. COMMISSIONER OF INCOME TAX, RANGE 7, PUNE / RESPONDENT ASSESSEE BY : S HRI NACHIKET BARVE REVENUE BY : SHRI PANKAJ GARG / DATE OF HEARING : 04 - 10 - 201 8 / DATE OF PRONOUNCEMENT : 04 - 10 - 201 8 / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 5, PUNE DATED 23 - 02 - 2016 FOR THE ASSESSMENT YEAR 2004 - 05. 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 04 - 10 - 2018 TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICATION READS AS UNDER : 2 ITA NO . 1099/PUN/2016, A.Y. 2004 - 05 IN CONNECTION WITH THE ABOVE CAPTIONED APPEAL, WE WISH TO PRAY BEFORE YOUR HONOURS FOR WITHDRAWAL OF APPEAL AS THE APPELLA NT WILL CLAIM THE IMPUGNED EXPENDITURE IN THE SUBSEQUENT YEAR ON PAYMENT BASIS AND THIS WILL BE NOTHING BUT A TIMING DIFFERENCE FOR THE APPELLANT. IN VIEW OF THE ABOVE, TO AVOID NUMBER OF LITIGATION ON SAME ISSUE, THE MANAGEMENT IS DESIROUS OF WITHDRAWING THE APPEAL FOR AY 2004 - 05, HOWEVER THIS WITHDRAWAL IS INTENDED TO REDUCE LITIGATION AND SHOULD NOT BE CONSTRUED AS ACCEPTANCE OF REVENUE'S STAND ON THIS ISSUE. IN VIEW OF THE FOREGOING, WE REQUEST YOUR HONOUR TO KINDLY PERMIT US TO WITHDRAW THE APPEAL FI LED BY US. 3. SHRI PANKAJ GARG REPRESENTING THE DEPARTMENT SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE WRITTEN REQUEST MADE BY THE ASSESSEE/APPELLANT THE APPEAL IS DISMISSED AS W ITHDRAWN. ORDER PRONOUNCED IN OPEN COURT AFTER HEARING OF THE APPEAL ON THURSDAY, THE 04 TH DAY OF OCTOBER, 2018. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 04 TH OCTOBER, 2018 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 5 , PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 4 , PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE