M/s. Mishra Infrastructures Pvt.Ltd, Pune V. Income tax Officer, Pune

ITA 170/PUN/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8126 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 25-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISE OUT OF DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , SMC PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S.S.VISWANETHRA RAVI , J UDICIAL MEMBER . / ITA NO. 170 / PUN /20 17 / ASSESSMENT YEAR : 20 07 - 08 M/S. MISHR A INFRASTRUCTURES PVT. LTD., 508, SAN MAHU COMPLEX, OPPOSITE POONA CLUB, ABOVE AAKKAR FURNITURE, PUNE 411 001 PAN : AADCM7908F VS. ITO, WARD - 1 1 ( 1 ), PUNE APPELLANT RESPONDENT / ORDER TH IS APPEAL BY THE ASSESSEE ARISE OUT OF THE ORDER DATED 30 - 09 - 2016 PASSED BY THE CIT (A) - 7, PUNE IN RELATION TO THE ASSESSMENT YEAR 20 07 - 08 . 2. BEFORE US, THE ASSES SEE HAS A FILED LETTER DATED 24 - 08 - 2021 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH LETTER READ S AS UNDER : WITH REFERENCE TO ABOVE SUBJECT AND OUR EARLIER SUBMISSION RELATED TO WITHDRAWAL OF APPEAL CASE FILED FOR A.Y.2007 - 08. IN THIS CONNECTION WE WOULD LIKE TO REITERATE THAT WE HAD APPLIED UNDER VIVAD SE VISHWAS SCHEME AND THE SAME HAS BEEN ACCEPTED. FORM NUMBER 5 HAS ALREADY BEEN ISSUED TO US AND WE HAVE ALREADY APPLIED BEFORE HONOURABLE TRIBUNAL TO WITHDRAW THE CASE. ASSESSEE BY NONE (WITHDRAWAL APPLICATION) REVENUE BY SHRI S.P WALIMBE DAT E OF HEARING 30 - 08 - 2021 DATE OF PRONOUNCEMENT 30 - 0 8 - 2021 ITA NO . 170 / PUN/ 20 1 7 M/S. MISHRA INFRASTRUCTURES PVT. LTD., 2 FURTHER, AFTER GIVING EFFECT TO CIT(A) - 9 ORDER THERE IS STILL LOSS OF RS.31,64,709/ - ALLOWED TO BE CARRIED FORWARD AND ACCORDINGLY WE HAVE RECEIVED NOTICE OF DEMAND UNDER SECTION 156 OF RS.NIL TO BE PAID. FURTHERMORE, WE ALSO SOLEMNLY AFFIRM THAT WE WILL NOT PRESS ANY OF THE GROUNDS BEFORE YOUR HONOUR. HENCE, IT IS HUMBLY PRAYED BEFORE Y OUR HONOUR TO KINDLY ALLOW US TO WITHDRAW THE ABOVE SAID APPEAL CASE RELATED TO A.Y. 2007 - 08, FOR WHICH ACT OF KINDNESS, THE APPELLANT ASSESSEE SHALL ALWAYS REMAIN OBLIGED. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. O RDER PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST , 2021 . SD/ - SD/ - ( S.S. VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 30 TH AUGUST , 2021 /SB / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT (A) - 7, PUNE 4. 5. 6. THE P CIT - 6, PUNE DR, ITAT, SMC BENCH, PUNE / GUARD FILE . / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 170 / PUN/ 20 1 7 M/S. MISHRA INFRASTRUCTURES PVT. LTD., 3 DATE 1. DRAFT DICTATED ON 30 - 08 - 2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 30 - 08 - 2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR .PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.