Shri Janmejay R.Vyas, Ahmedabad V. The CIT-I, Ahmedabad

ITA 1255/AHD/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 6447 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-05-2010
• Assessment Year: misc
• Appeal Filed On: 26-03-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHELLEY JINDAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : C BENCH : A HMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HON'BLE SH RI D.C. AGRAWAL, A.M.) I.T.A. NO. 1255/AHD./2007 ASSESSMENT YEAR : 2004-2005 SHRI JANMEJAY R. VYAS, AHMEDABAD -VS.- COMMIS SIONER OF INCOME TAX-1, (PAN : AAGPV 5002 P) AHMEDABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI TUSHAR P. HEMAN I RESPONDENT BY : SHRI SHELLEY JINDAL, C IT, D.R. O R D E R PER SHRI T.K. SHARMA, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER DATED 20.02.2007 OF LEARNED COMMISSIONER OF INCOME TAX, AHMEDABAD-1, AHMEDABAD UNDER SECTION 263 OF THE INCOME TAX ACT, 1961, SETTING ASIDE THE ORDER PASSED BY THE AS SESSING OFFICER UNDER SECTION 143(3) ON THE GROUND THAT THE SAME IS ERRONEOUS AND PREJUDICIAL T O THE INTEREST OF REVENUE TO BE FRAMED AFRESH FOR THE ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HARING BEFORE US, ON BEHALF OF AS SESSEE SHRI TUSHAR P. HEMANI APPEARED AND STATED THAT THIS APPEAL FILED BY THE ASSESSEE I S NOT PRESSED. THEREFORE, THE ASSESSEE BE PERMITTED TO WITHDRAW THE SAME. 3. ON THE OTHER HAND, SHRI SHELLEY JINDAL, CIT, D.R . APPEARING ON BEHALF OF REVENUE STATED THAT HE HAS NO OBJECTION IF THE ASSESSEE IS PERMITT ED TO WITHDRAW HIS APPEAL. 4. IN VIEW OF THE ABOVE, THE ASSESSEE IS PERMITTED TO WITHDRAW HIS APPEAL AND THEREFORE, THE SAME IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THE ORDER WAS PRONOUNCED IN THE COURT ON 06.05.201 0 SD/- SD/- (D.C. AGRAWAL) (T.K. SHARMA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 06 / 05 / 2010 2 ITA NO. 1255/AHD/2007 COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE 2) THE DEPARTMENT. 3) CIT CONCERNED, (4) D.R., ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR, ITAT, AHMEDABAD LAHA/SR.P.S.