PUSHPADEVI RUPCHAND AGRAWAL, Amaravati V. C.I.T.-I, Nagpur

ITA 142/NAG/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5364 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 27-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K BARAL
• Assessee Lawyers: MAVIR ATAL
• Section: 6; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI JASON P. BOAZ , HONBLE ACCOUNTANT MEMBER & SHRI SANDEEP GOSAIN , HONBLE JUDICIAL MEMBER ITA NO. 1 4 2 / NAG /201 5 (ASST. YEAR : 20 1 0 - 11 ) SMT. PUSHPADEVI RUPCHAND KHANDELWAL, NEW CONGRESS NAGAR, AMRAVATI 444 60 6 V S . CIT - 1, NAGPUR . PAN NO. ABEPK 0092 K (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MAVIR ATAL ADV OCATE . DEPARTMENT BY : SHRI R.K. BARAL CIT DR DATE OF HEARING : 12 / 0 7 /201 8 . DATE OF PRONOUNCEMENT : 12 / 0 7 /201 8 . O R D E R PER JASON P. BOAZ , A M : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF PR. COMM ISSIONER OF INCOME TAX - 1 , NAGPUR , DATED 1 2 /0 3 /201 5 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT') FOR ASSESSMENT YEAR 20 1 0 - 11 . 2. AT THE OUTSET OF THE HEARING , THE LD. AUTHORISED REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT DESIRE TO PROSECUT E AND PURSUE THE PRESENT APPEAL FOR ASSESSMENT YEAR 2010 - 11 AND PRAYS FOR WITHDRAWAL OF THE SAME , 2 ITA NO. 142 / NAG /2015 ( PUSHPADEVI RUPACHAND KHANDELWAL ) AS THE ISSUE AGITATED THEREIN HAS ALREADY BEEN DECIDED IN FAVOUR OF THE ASSESSEE BY THE LD. CIT(A) - 1 AND NO APPEAL HAS BEEN FILED AGAINST THAT ORDER BY THE REVENUE. A LETTER DATED 11/07/20 18 TO THIS EFFECT FILED BEFORE THE BENCH IS EXTRACTED HEREUNDER: - BEFORE THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH , NAGPUR APPELLANT - SMT. PUSHPABAI RUPCHAND KHANDELWAL VS. RESPONDENT - ITO - III, AMRAVATI ITA NO. 142/NAG/2015 A.Y. 2010 - 11 AGAINST ORDER U/S 263 THE APPELLANT BEGS TO SUBMIT AS UNDER: - 1) THAT THE APPELLANT DO NOT DESIRE TO PROSECUTE & PURSUE THE ABOVE APPEAL SUBMITTED BY HER AGAINST THE ORDER U/S. 263, AS THE ISSUE IN THE SAID APPEAL IS ALREADY DECIDED IN FAVOUR OF THE ASSESSEE BY LD. CIT(A) - 1 AND THERE IS NO DEPARTMENTAL APPEAL AGAINST THAT ORDER. 2) IT IS THEREFORE REQUESTED THAT APPELLANT BE ALLOWED TO WITHDRAW THE APPEAL. SUBMITTED ON 11/07/2018 . MRS. P.R. KHANDELWA. (ASSESSEE) 3 . IN VIEW OF THE ASSESSEES AFORESAID SUBMISSIONS OF THE LD. AR AND THE ASSESSEES LETTER DATED 11/07/2018 EXTRACTED ABOVE WITHDRAWING THIS APPEAL, WE DISMISS THIS APPEAL AS WITHDRAWN. 3 ITA NO. 142 / NAG /2015 ( PUSHPADEVI RUPACHAND KHANDELWAL ) 4 . IN THE RESULT, THE ASSESSEES APPEAL FOR THE ASSESSMENT YEAR 2010 - 11 IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 12 TH DAY OF JULY , 201 8 . SD/ - SD/ - ( SANDEEP GOSAIN ) ( JASON P. BOAZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 12 TH JULY , 201 8 . VR/ - COPY TO: 1. THE ASSESSEE - SMT.PUSHPADEVI RUPCHAND KHANDELWA L, NEW CONGRESS NAGAR, AMRAVATI - 06 . 2. THE REVENUE CIT - 1, NAGPUR. 3. THE PR. CIT - 1, NAGPUR. 4. THE D.R . , NAGPUR. 5. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.