M/s Channapatna Taluk Agricultural produce co-operative Marketing Society Ltd., Channapatna V. ITO, Mandya

ITA 1197/BANG/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 8517 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 15-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JASON P BOAZ; JACINTA ZIMIK VASHAI ADD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1197/BANG/2009 ASSESSMENT YEAR : 2004-05 M/S. CHANNAPATNA TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., CHANNAPATNA TOWN, BANGALORE RURAL DISTRICT. : APPELLANT VS. THE INCOME TAX OFFICER, WARD-3, MANDYA. : RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI JASON P. BOAZ, CIT(DR) & SMT. JACINTA ZIMIK VASHAI, ADDL. CIT(DR) O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE FOR THE ASSES SMENT YEAR 2004- 05. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING. HOWEVER, ASSESSEE HAS FILED A LETTER DATED 22.3.201 0 SEEKING WITHDRAWAL OF ITA NO.1197/BANG/09 PAGE 2 OF 3 THE APPEAL. THE SUBMISSION OF THE ASSESSEE IN ITS L ETTER DATED 22.3.2010 IS HEREBY REPRODUCED: AFTER RECEIPT OF FORM OF COMMUNICATION OF DEFECTS IN APPEAL DATED 10.3.2010, IT IS ASCERTAINED FROM THE OFFICE OF THE INCOME TAX OFFICER, MANDYA THAT THE APPEAL FILED BEFORE TH E CIT(A), MYSORE IS STILL PENDING DISPOSAL. SINCE APPEALS FOR LATER YEARS HAVE BEEN DISPOSED OF F BY THE CIT(A), IT WAS PRESUMED THAT THE APPEAL FOR THE ASS T. YEAR 2004- 05 WAS ALSO DISPOSED OFF AND THE APPELLANT MUST HAV E MISPLACED THE ORDER OF CIT(A) AND APPEAL WAS FILED ON SAME GR OUNDS AS RAISED FOR THE YEARS 2005-06 AND 2006-07. THE APPEAL IN ITA NO.1197/B/09 FOR THE ASST. YEAR 2 004-05 MAY PLEASE BE TREATED AS WITHDRAWN. FURTHER APPEAL, IF REQUIRED, WILL BE FILED AFTER RECEIPT OF ORDER OF FIRST APPELLATE AUTHORITY. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIA L ON RECORD. IN VIEW OF THE ABOVE FACTS, SINCE ASSESSEE SEEKS TO WI THDRAW THE APPEAL, WE DISMISS THE APPEAL AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF MARCH, 2010. SD/- SD/- ( GEORGE GEORGE K. ) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 31 ST MARCH, 2010. DS/- ITA NO.1197/BANG/09 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. C IT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.