Manisha Infrastructure Pvt. Ltd., Aurangabad V. Deputy Commissioner of Income-tax,

ITA 200/PUN/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7164 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-01-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 09-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR VIVEK AGGARWAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . . . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 200/PUN/2016 / ASSESSMENT YEAR : 2012-13 MANISHA INFRASTRUCTURE PVT. LTD., 319, LABH CHAMBER, NEAR GOLDIE CINEMA, RAILWAY STATION ROAD, AURANGABAD 431 005 PAN : AAECM2179F . / APPELLANT V/S DCIT, CIRCLE-1, AURANGABAD . / RESPONDENT ASSESSEE BY : NONE (WITHDRAWAL LETTER DT. 11-11-2017) REVENUE BY : DR. VIVEK AGGARWAL / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF CIT(A)-1, AURANGABAD DATED 07-12-2015 FOR THE ASSESSMENT YEAR 2012 -13. 2. AT THE OUTSET, THERE IS NONE TO REPRESENT THE CASE OF ASSESSEE. HOWEVER, ASSESSEE VIDE LETTER DATED 11-11-2017 SOUGHT WITHDRAWAL OF THE APPEAL. THE REASON FOR SUCH WITHDRAWAL AS MENTIONED IN THE REQUEST APPLICATION OF THE ASSESSEE READS AS UNDER : 2. THE ABOVE REFERRED APPEAL IS FIXED FOR HEARING ON 20-11-2017, BEFORE YOUR KIND HONOUR. HOWEVER, THE MAIN ISSUE I NVOLVED IN RESPECT OF DISALLOWANCE OF INTEREST OF RS.18,53,799/-, PAID ON LATE PAYMENT OF TDS U/S.201A OF THE I.T. ACT, STANDS CONCLUDED AGAINST US/APPELLANT, BY JURISDICTIONAL BOMBAY HIGH COURT IN THE CASE OF FER RO ALLOYS CORPORATION / DATE OF HEARING :20.11.2017 / DATE OF PRONOUNCEMENT:20.11.2017 2 ITA NO.200/PUN/2016 MANISHA INFRASTRUCTURE PVT. LTD., LTD. VS. CIT (1992) 196 ITR 0406 AND BY APEX COURT IN THE CASE OF BHARAT COMMERCE & INDUSTRIES V. CIT (1998) 230 ITR 733 (SC ). 3. IN VIEW OF THE ABOVE, AND CONSIDERING COST OF LI TIGATION, APPELLANT MAY PLEASE BE PERMITTED TO WITHDRAW THE APPEAL, UND ER REFERENCE AND OBLIGE. 3. LD DR HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. ON PERUSAL OF THE ASSESSEES LETTER AND HAVING NO OB JECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF THE ASSESSEE T O WITHDRAW THE APPEAL. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED A S WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF NOVEMBER, 2017. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 20 TH NOVEMBER, 2017. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// //TRUE COPY// SENIOR PRIVAT E SECRETARY , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A)-1, AURANGABAD 4. CIT-1, AURANGABAD 5. , , B BENCH PUNE; 6. / GUARD FILE.