Palace Garden Apartments Owners Association , Bangalore V. Income Tax Officer Ward-2(2)(1), Bangalore

ITA 218/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6819 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 05-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMER SINGH MEENA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC - A BENCH : BANGALORE BEFORE SHRI JASON P BOAZ , ACCOUNTANT MEMBER ITA NO. 218 /BANG/201 9 ASSESSMENT YEAR : 20 1 4 - 1 5 M/S. PALACE GARDEN APARTMENT OWNERS ASSOCIATION, NO.23/24, PALACE CROSS ROAD, BANGALORE 560 020. PAN : AABTP 1657 M VS. INCOME TAX OFFICER, WARD 2(2)(1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI. NARENDRA SHARMA, ADVOCATE REVENUE BY : SHRI. SUMER SINGH MEENA, ADDL. CIT DATE OF HEARING : 25 . 0 4 .201 9 DATE OF PRONOUNCEMENT : 2 6 . 0 4 .201 9 O R D E R PER SHRI JASON P BOAZ, A.M. : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-2, BANGALORE, DATED 27.11.2018 FOR ASSESSMENT YEAR 2014-15. 2. BRIEFLY STATED, THE FACTS RELEVANT FOR DISPOSAL OF THIS APPEAL ARE AS UNDER: 2.1 THE ASSESSEE FILED ITS RETURN OF INCOME FOR ASSESSMENT YEAR 2014-15 ON 31.07.2014 DECLARING NIL INCOME. THE CASE WAS TAKEN UP FOR SCRUTINY FOR THIS ASSESSMENT YEAR. THE ASSESSMENT WAS CONCLUDED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) VIDE ORDER DATED 20.12.2016, WHEREIN THE ASSESSEES ITA NO. 218/BANG/2019 PAGE 2 OF 3 INCOME WAS DETERMINED AT RS.5,49,883/-. THE ASSESSEES APPEAL WAS DISMISSED BY CIT(A)-2, BANGALORE VIDE THE IMPUGNED ORDER DATED 27.11.2018. 3.1 AGGRIEVED BY THE ORDER OF THE CIT(A)-2, BANGALORE, DATED 27.11.2018 FOR ASSESSMENT YEAR 2014-15, THE ASSESSEE PREFERRED THIS APPEAL BEFORE THE TRIBUNAL RAISING VARIOUS GROUNDS. HOWEVER, AT THE OUTSET OF THE HEARING, THE LEARNED AR FOR THE ASSESSEE, UNDER INSTRUCTIONS FROM THE ASSESSEE HAS FILED LETTER DATED 25.04.2019 PRAYING FOR WITHDRAWAL OF THIS APPEAL WHICH READS AS UNDER: ITA NO. 218/BANG/2019 PAGE 3 OF 3 3.2 IN VIEW OF THE ABOVE LETTER DATED 25.04.2018 FILED BY THE LEARNED AR FOR THE ASSESSEE AND THE REASONS CITED THEREIN (SUPRA), THE ASSESSEES APPEAL BEING WITHDRAWN, SUO MOTO, IS RENDERED INFRUCTUOUS AND ACCORDINGLY DISMISSED. 4. IN THE RESULT, THE ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26 TH DAY OF APRIL, 2019. SD/- SD/ - SD/ - (N. V. VASUDEVAN) VICE PRESIDENT (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE. DATED: 26 TH APRIL, 2019. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.