M/S MALIKS COMPANY , FEROZPUR CANTT V. PR. COMM. OF INCOME TAX , , BATINDA

ITA 221/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7985 (ITAT-AMRITSAR)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-04-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 26-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRITHI PAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. NO. 221/(ASR)/2017 AS SESSMENT YEAR: 2012-13 MALIKS COMPANY 73, JHOKE ROAD FEROZEPUR CANTT. [PAN: AAFMC 7943G] VS. PRINCIPAL COMMISSIONER OF INCOME TAX, CIVIL STATION, BATHINDA. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY: SH. PRITHI PAL, CIT - D. R. DATE OF HEARING: 03.04.2018 DATE OF PRONOUNCEMENT: 03.04.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE ASSESSEE AGITATING THE ORD ER BY THE PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA (PR. CIT' FOR SHORT) DATED 29.03.2017, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 196 1 ('THE ACT' HEREINAFTER) IN THE ASSESSEES CASE FOR ASSESSMENT YEAR (AY) 2012-13. 2. NONE APPEARED FOR AND BEHALF OF THE ASSESSEE WHE N THE APPEAL WAS CALLED OUT FOR HEARING. THE LD. COUNSEL FOR THE ASSESSEE, SHRI Y. K. SUD, HOWEVER, HAS MADE A WRITTEN REQUEST DATED 23.03.2018 FOR THE WITHDRAWAL OF THE INSTANT APPEAL. IT IS EXPLAINED THAT THE IMPUGNED ORDER HAS SINCE BEEN AC TED UPON BY THE ASSESSING OFFICER, PASSING A FRESH ORDER U/S. 143(3) READ WIT H SECTION 263 OF THE ACT BY ITA NO. 221 (ASR)/2017(AY 2012-13) MALIKS CO. V. PR. CIT 2 MAKING A SMALL ADDITION, AND WHICH HAS BEEN ACCEPTE D BY THE ASSESSEE. UNDER THE CIRCUMSTANCES, THEREFORE THE ASSESSEE IS NOT INTERE STED IN PROSECUTING ITS APPEAL AND, ACCORDINGLY, WISHES TO WITHDRAWN THE SAME. THE LD. CIT-DR WAS, ON BEING CONVEYED ABOUT THE SUBJECT MATTER OF THE ASSESSEES REQUEST, CONVEYED HIS NO OBJECTION TO THE ASSESSEE WITHDRAWING ITS APPEAL. WE, THEREFORE, ACCEDING TO THE ASSESSEES REQUEST, PERMIT IT TO WITHDRAW ITS APPEA L. THE ASSESSEES APPEAL IS DISMISSED IN LIMINE . 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 3, 2018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 03.04.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1)THE APPELLANT: MALIKS COMPANY, 73, JHOKE ROA D, FEROZEPUR CANTT. (2) THE RESPONDENT: PR. COMMISSIONER OF INCOME TAX, CIVIL STATION, BATHINDA. (3) THE CIT-DR, I.T.A.T. TRUE COPY BY ORDER