Besto Tradelink Pvt. Ltd., Ahmedabad V. The CIT,Ahmedabad-I, Ahmedabad

ITA 1592/AHD/2010

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 6404 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-07-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 13-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALOK JOHN
• Assessee Lawyers: SUNIL H TALATI
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD (BEFORE S/SHRI G. D. AGARWAL, VP AND BHAVNESH SAINI , JM) ITA NO.1592/AHD/2010 A. Y.: 2005-06 BESTO TRADELINK PVT. LTD., 9 TH FLOOR, B.D. PATEL HOUSE, NARANPURA, AHMEDABAD VS THE COMMISSIONER OF INCOME TAX AHMEDABSAD -1, AHMEDABAD PA NO. AAACB 6241 P (APPELLANT) (RESPONDENT) APPELLANT BY SHRI SUNIL H. TALATI, AR RESPONDENT BY SHRI ALOK JOHN, SR. DR O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER INCO ME TAX-I, AHMEDABAD DATED 15-03-2010 PASSED U/S 263 OF THE IT ACT FOR ASSESSMENT YEAR 2005-06. 2. THE LEARNED COUNSEL FOR THE ASSESSEE AFTER ARGUI NG IN BRIEF SUBMITTED THAT THE AO IN PURSUANCE OF THE DIRECTION OF THE COMMISSIONER OF INCOME TAX U/S 263 OF THE IT ACT FR AMED THE ASSESSMENT U/S 143(3) READ WITH SECTION 263 OF THE IT ACT VIDE ORDER DATED 01-12-2010 IN WHICH TWO FURTHER ADDITIONS HAV E BEEN MADE. COPY OF THE ORDER IS FILED. HE HAS, THEREFORE, SUBM ITTED THAT HE WOULD NOT BE PRESSING THE APPEAL OF THE ASSESSEE BECAUSE HE WOULD BE AGITATING THE ADDITIONS ON MERIT IN APPEAL BEFORE T HE LEARNED CIT(A). ITA NO.1592/AHD/2010 BESTO TRADELINK PVT. LTD. VS CIT - I, AHMEDABAD 2 3. CONSIDERING THE FACTS OF THE CASE IN THE LIGHT O F THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. HOWEVER, THE ASSESSEE IS AT LIBERTY TO AGITATE THE ADDITIONS ON MERIT IN ACCORDANCE WITH L AW. WITH THESE OBSERVATIONS THE APPEAL OF THE ASSESSEE IS DISMISSE D AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04-07-2011 SD/- SD/- (G. D. AGARWAL) VICE PRESIDENT (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 04-07-2011 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD