ADF Foods Ltd., Nadiad V. The Commissioner of Income Tax, Baroda City-2, Baroda

ITA 1619/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5965 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 16-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Section: 10B; 263; 63; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO. 1619/AHD/2016 (ASSES SMENT YEAR: 2011-12) ADF FOODS LTD., 83/86, G.I.D.C. INDUSTRIAL ESTATE, NADIAD 387 001 APPELLANT VS. THE COMMISSIONER OF INCOME-TAX, BARODA CITY-2, BARODA RESPONDENT PAN: AACCA2270K /BY ASSESSEE : SHRI PRATIK SHAH, A.R. /BY REVENUE : SHRI V. K. SINGH, SR. D.R. /DATE OF HEARING : 23.02.2018 /DATE OF PRONOUNCEMENT : 27.02.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011-12 ARISES AGAINST THE PR.CIT- 2, VADODARAS ORDER DATED 02.02.2016, IN CASE NO. P R.CIT-2/263/2/2015-16, REVISING A REGULAR ASSESSMENT IN QUESTION DATED 21.10.2013 T HEREBY DIRECTING THE ASSESSING OFFICER TO FRAME A FRESH ONE, IN PROCEEDINGS U/S. 2 63 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. LEARNED COUNSEL REPRESENTING ASSESSEE HAS FIRST OF ALL FILED ITS PETITION THAT THE ASSESSEE IS CONSIDERING TO WITHDRAW THE PRESENT APP EAL MAINLY ON THE GROUND THAT CIT(A) HAS REVERSED ASSESSING OFFICERS CONSEQUENTI AL ORDER ON 19.09.2017 QUA THE ITA NO. 1619/AHD/16 [ADF FOODS LTD. VS. CIT ] A.Y. 2011-12 - 2 - ISSUE INVOLVED HEREIN OF SECTION 10B DEDUCTION. HE ALSO FILES A COPY OF THE SAID LOWER APPELLATE ORDER ON RECORD. LEARNED DEPARTMEN TAL REPRESENTATIVE DOES NOT DISPUTE THESE FACTUAL DEVELOPMENTS DURING THE PENDE NCY OF INSTANT APPEAL. WE THUS ACCEPT ASSESSEES PRAY TO ALLOW THE INSTANT APPEAL TO BE WITHDRAWN SUBJECT TO ALL JUST EXCEPTIONS. 3. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN . [PRONOUNCED IN THE OPEN COURT ON THIS T HE 27 TH DAY OF FEBRUARY, 2018.] SD/- SD/- ( PRADIP KUMAR KEDIA ) (S. S. G ODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 27/02/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0