Anand Construction, Pune V. Income -tax Officer, Pune

ITA 1319/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0122 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 24-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHADEVAN AMK
• Assessee Lawyers: ANKITA SOMANI
• Keywords: Set aside
• Section: 143(3); 143(1); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / ITA NO . 1 319 /PUN/201 7 / ASSESSMENT YEAR : 201 2 - 13 ANAND CONSTRUCTION, 26A, SOMWAR PETH, PUNE 411001 PAN : AAGFA9480Q ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 12(1), PUNE / RESPONDENT ASSESSEE BY : MS. ANKITA SOMANI REVENUE BY : SHRI MAHADEVAN AMK / DATE OF HEARING : 23 - 09 - 2019 / DATE OF PRONOUNCEMENT : 24 - 09 - 2019 / ORDER PER S.S. VISWANETHRA RAVI, JM : THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 24 - 03 - 2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 10, PUNE FOR ASSESSMENT YEAR 201 2 - 13 . 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 23 - 09 - 2019 TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICATION READS AS UNDER : WE REFER TO THE ABOVE CAPTIONED AP PEAL FILED BY THE APPELLANT AGAINST THE ORDER DATED MARCH 24, 2017 PASSED UNDER SECTION 143(1) OF THE INCOME - TAX 2 ITA NO. 1319/PUN/2017, A.Y. 2012 - 13 ACT, 1961 (THE ACT) BY COMMISSIONER OF INCOME TAX, (APPEALS), PUNE - 10 (LD. ASSESSING OFFICER'). IN RELATION TO THE SAME, IT IS SUBMITTED TH AT THE OFFICE OF THE PR. COMMISSIONER OF INCOME TAX 4, PUNE, IN ACCORDANCE WITH THE INSTRUCTIONS OF THE HIGH COURT HAS PASSED AN ORDER ON MARCH 26, 2018 U/S. 264(1) OF THE ACT STATING THAT THE ORDER PASSED U/S. 143(3) R.W.S. 147 DATED 29.12.2017 IS ERRON EOUS AND HAS SET ASIDE THE ASSESSMENT ORDER. ACCORDINGLY, THE APPEAL FILED HAS BECOME INFRUCTUOUS. HENCE, THE APPELLANT WISHES TO WITHDRAW THE ABOVE APPEAL. THE INCONVENIENCE CAUSED IS VERY MUCH REGRETTED. 3. THE LD. DR, SHRI MAHADEVAN AMK HAS NO OB JECTION 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 IN VIEW OF THE WRITTEN REQUEST MADE BY THE ASSESSEE/APPELLANT THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 2019. SD/ - SD/ - (ANIL CHATURVEDI) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 24 TH SEPTEMBER, 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 10, 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