Jupiter Distillery, Daman V. The ACIT.,Cent.Circle-4, Surat

ITA 1125/AHD/2009

• Counselvise Citation: [2010] 137 COUNSELVISE.COM (IT) 0022 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-01-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 13-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C K MISHRA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT (AZ) AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER ITA NO.1125-1127/AHD/2009 ASSESSMENT YEARS:2004-05 TO 2006-07 DRAFTED:5..01.10 JUPITER DISTILLERY KATHARIA, NANI DAMAN, 396 210, DAMAN PAN NO.AACFJ0179R V/S . ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-4, SURAT (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- NONE REVENUE BY:- SHRI C.K.MISHRA, SR. DR DATE OF ORDER RESERVED: 05/01/10 O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- THESE THREE APPEALS BY THE ASSESSEE ARE ARISING OU T OF THE ORDERS OF COMMISSIONER OF INCOME-TAX (APPEALS)-II, AHMEDABAD IN APPEALS NO. CIT(A)- II/CC.4/339-341/2007-08 BY EVEN DATE 03-02-2009. T HE ASSESSMENTS WERE FRAMED BY THE ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL C IRCLE-4, SURAT U/S. 143(3) R.W.S. 153C OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFER RED TO AS THE ACT) VIDE HIS DIFFERENT ORDERS OF EVEN DATE 31-12-2007. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SATE D THAT ASSESSEE BE PERMITTED TO WITHDRAW THESE APPEALS. TO THAT EFFECT, HE MADE ENDORSEMENT ON THE LETTER DATED 1 ST JANUARY, 2010, WHICH READS AS UNDER:- WE HAD PREFERRED AN APPEAL BEING APPEAL NO.1125/A HD-009 FOR A.Y. 2004- 05 ON 13 TH APRIL 2009 AGAINST THE APPELLATE ORDER DATED 3 RD FEBRUARY 2009 PASSED BY THE HONOURABLE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)]-II, AHMEDABAD. ITA NO1125-27/AHD/2009 A.YS. 2004-05 TO 2 006-07 JUPITER DISTILLERY DAMAN V. ACIT, CC-4 SURAT P AGE 2 THE APPEAL HAD BEEN FIXED FOR DIRECTIONS/ 1STD HEAR ING ON 9 TH SEPTEMBER, 2009. THE APPEAL WAS ADJOURN SINE DINE. WE WOULD LIKE TO NOW WITHDRAW THE SAID APPEAL AND T HEREFORE WE REQUEST YOU TO ALLOW US TO WITHDRAW THE SAME. IN VIEW OF THE ABOVE, WE REQUEST YOU TO ONCE AGAIN KINDLY ALLOW US TO WITHDRAW THE SAID APPEAL. 3. THE LD. COUNSEL FOR THE ASSESSEE FILED SIMILAR L ETTERS IN TWO OTHER ASSESSMENT YEARS. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NOT OBJECTE D TO THE WITHDRAWAL OF APPEALS AND ACCORDINGLY SAME IS PERMITTED. THESE THREE APP EALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 06/01/2010 SD/- SD/- (DR.O.K.NARAYANAN) (MAHAVIR S INGH) (VICE PRESIDENT) (JUDICIAL MEMBER) AHMEDABAD, DATED :06/01/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- II, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD