M/S GIMATEX INDUSTRIES PVT. LTD., HINGANGHAT V. PRINCIPAL C.I.T.-2, Nagpur

ITA 183/NAG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5046 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 29-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: U U KASAR
• Assessee Lawyers: S C THAKUR

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL BENCH, NAGPUR (AT E - COURT, PUNE) BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO.183 /NAG /20 16 / ASSESSMENT YEAR : 2011 - 12 M/S. GIMATEX INDUSTRIES PVT. LTD. RAM MANDIR WARD HINGANGHAT, DIST. WARDHA, PIN - 442 301. PAN : AAACV5657K ....... / APPELLANT / V/S. THE PR. COMMISSIONER OF INCOME TAX - 2, NAGPUR. / RESPONDENT A SSESSEE BY : SHRI S.C. THAKUR REVENUE BY : SHRI U. U KASAR, SR. DR / DATE OF HEARING : 1 9 .0 2 .2020 / DATE OF PRONOUNCEMENT : 19 .02 .2020 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. PR. COMMISSIONER OF INCOME TAX - 2, NAGPUR DATED 10.02.2016 FOR THE ASSESSMENT YEAR 2011 - 12 PASSED U/S. 263(1) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 183 /NAG /20 16 A.Y. 2011 - 12 2. AT THE TIME OF HEARING THROUGH VIDEO CONFERENCE, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THIS A PPEAL FILED BEFORE US IS AGAINST THE ORDER PASSED U/S.263 (1) OF THE ACT BY THE LD. PR. COMMISSIONER OF INCOME TAX DATED 10.02.2016. THEREAFTER, AS PER THE DIRECTIONS OF THE LD. PR. COMMISSIONER OF INCOME TAX, THE ASSESSING OFFICER HAD PASSED CONSEQUENTIAL ORDER MAKING VARIOUS ADDITIONS/DISALLOWANCES AS PER RECORD. THE LD. COUNSEL FURTHER SUBMITTED THAT AGAINST THESE ADDITIONS, THE ASSESSEE HAD FILED APPEAL BEFORE THE JURISDICTIONAL COMMISSIONER OF INCOME TAX AND THE LD. COMMISSIONER OF INCOME TAX HAD GIVEN RELIEF TO THE ASSESSEE AND THEREFORE, THIS PRESENT APPEAL BEFORE US BECOMES ACADEMIC IN NATURE. THEREFORE, THE LD. COUNSEL PRAYED FOR WITHDRAWING THIS APPEAL. 3 . THE LD. DR HAS RAISED NO OBJECTION WITH THE PRAYER OF THE LD. AR OF THE ASSESSEE. 4. BOTH SIDES HEARD. AFTER CONSIDERING THE SUBMISSIONS OF THE LD. AR OF THE ASSESSEE AND ALSO OF THE LD. DR, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. HENCE, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. ORDER PRO NOUNCED ON 19 TH DAY OF FEBRUARY , 2020 . SD/ - SD/ - D. KARUNAKARA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 19 TH FEBRUARY , 20 20 . SB 3 ITA NO. 183 /NAG /20 16 A.Y. 2011 - 12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE PR. CIT - 2, NAGPUR. 4. THE JCIT, WARDHA RANGE, WARDHA. 5 . , , / DR, ITAT, NAGPUR. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 183 /NAG /20 16 A.Y. 2011 - 12 DATE 1 DRAFT DICTATED ON 19 .0 2 .2020 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 1 9 .02 .2020 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER