ACIT, Pune V. M/S Viraj Properties, Pune

ITA 1471/PUN/2012

• Counselvise Citation: 147124514 RSA 2012
• Duration Of Justice: 1 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 05-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS M S VERMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.1471/PN/2012 (ASSESSMENT YEAR : 2007-08) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE . APPELLANT VS. M/S. VIRAJ PROPERTIES 783, BHAWANI PETH, PUNE 411 042. PAN : AACFV8012B . RESPONDENT C.O. NO.47/PN/2013 (ARISING OUT OF ITA NO.1471/PN/2012) (ASSESSMENT YEAR : 2007-08) M/S. VIRAJ PROPERTIES 783, BHAWANI PETH, PUNE 411 042. PAN : AACFV8012B . APPELLANT VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE . RESPONDENT DEPARTMENT BY : MRS. M. S. VERMA ASSESSEE BY : MR. RAJENDRA AGIWAL DATE OF HEARING : 25-10-2013 DATE OF PRONOUNCEMENT : 25-10-2013 ORDER PER G. S. PANNU, AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-III, PUNE DATE D 28.10.2011 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 10.03.2010 PAS SED BY THE ASSESSING OFFICER, U/S. 143(3) R.W.S. 147 OF THE INCOME-TAX A CT, 1961 (IN SHORT THE ACT), PERTAINING TO THE ASSESSMENT YEAR 2007-08. ITA NO.1471/PN/2012 C.O. NO.47/PN/2013 A.Y. 2007-08 2. AT THE TIME OF HEARING OF THE APPEAL, A COMMUNIC ATION OF THE COMMISSIONER OF INCOME TAXIII, PUNE, NO.PN/CIT-III /JUDL/ITAT/2013-14 DATED 22.10.2013 WAS FILED BY THE LEARNED DEPARTMEN TAL REPRESENTATIVE, STATING THAT THE CAPTIONED APPEAL IS WITHDRAWN. THE LEARNED COUNSEL FOR THE ASSESSEE HAS NO OBJECTION. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. 4. IN VIEW OF THE ABOVE, THE CROSS-OBJECTION PREFER RED BY THE ASSESSEE IS ALSO DISMISSED, AS INFRUCTUOUS. 5. RESULTANTLY, THE APPEAL OF THE REVENUE AS WELL A S OF THE CROSS-OBJECTION BY THE ASSESSEE IS DISMISSED, AS ABOVE. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE TIME OF CONCLUSION OF THE H EARING ON 25 TH OCTOBER, 2013. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 25 TH OCTOBER, 2013 SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-III, PUNE; 4) THE CIT-III, PUNE; 5) THE DR, A BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE