M/s. Shree Sai Traders, Beed V. Commissioner of Income-tax,

ITA 2183/PUN/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1325 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 20-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER . / ITA NO.2183/PUN/16 / ASSESSMENT YEARS : 2009-10 M/S. SHREE SAI TRADERS, OPP. S.T. STAND, PARLI VAIJNATH, DIST. BEED 431515 PAN : AATFS6273L VS. CIT, AURANGABAD (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT, AURANGABAD U/S 263 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED `THE ACT) ON 20-03-2014 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE FILED A LETTER DATED 28-11-2018 SEEKING WITHDRAWAL OF THE APPEAL. TH E APPELLANT BY SHRI M.K. KULKARNI (WITHDRAWAL APPLN.) RESPONDENT BY MS. NANDITA KANCHAN DATE OF HEARING 28-11-2018 DATE OF PRONOUNCEMENT 28-11-2018 ITA NO.2183/PUN/2016 M/S. SHREE SAI TRADERS 2 REASON FOR SUCH WITHDRAWAL AS MENTIONED IN THE SAID LETTER READS AS UNDER : THIS APPEAL IS AGAINST ORDER PASSED BY CIT UNDER SECTION 263 OF THE ACT. THE HONBLE SMC BENCH PUNE IN ITA NO.2184/PUN/2016 WHILE DECIDING THE APPEAL FOR A.Y. 2009-10 UNDER SECTION 143(3) R.W.S. 263 HAS ALLOWED THE APPEAL OF THIS ASSESSEE. IN VIEW OF THIS IT IS REQUESTED TO ALLOW ME TO WITHDRAW THE APPEAL AND OBLIGE. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF THE ASSES SEE TO WITHDRAW THE APPEAL. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH NOVEMBER, 2018. SD/- SD/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESID ENT PUNE; DATED : 28 TH NOVEMBER , 2018 ITA NO.2183/PUN/2016 M/S. SHREE SAI TRADERS 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS), AURANGABAD 4. , , / DR B, ITAT, PUNE; 5. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 28-11-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 28-11-18 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *