Venkat Manikrao Shinde, Pune V. Assistant Commissioner of Income-tax,

ITA 2343/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6290 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-01-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 07-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NO.2343/PUN/2016 / ASSESSMENT YEAR : 2008-09 SHRI VENKAT SHINDE, SSV ENGINEERING, E-110, GENERAL BLOCK, MIDC-BHOSARI, PUNE 411 026 PAN : ABZPS0744D VS. ACIT, CIRCLE-10, PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL FILED BY THE ASSESSEE ARISES OUT OF THE ORDER OF CIT(A)-9, PUNE CONFIRMING PENALTY U/S 271(1)(C) OF THE INC OME-TAX ACT, 1961 IN RELATION TO THE ASSESSMENT YEAR 2008-09. 2. BEFORE US, THERE WAS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE. HOWEVER, WE FIND LD. COUNSEL FOR THE ASSESS EE FILED A LETTER DATED 12-01-2019 SEEKING WITHDRAWAL OF THE APPEAL. TH E RELEVANT CONTENTS OF SUCH WITHDRAWAL LETTER, READ AS UNDER : APPELLANT BY NONE RESPONDENT BY SHRI SUDHENDU DAS DATE OF HEARING 24-01-2019 DATE OF PRONOUNCEMENT 24-01-2019 ITA NO.2343/PUN/2016 SHRI VENKAT SHINDE 2 ON BEHALF OF OUR CLIENT SHRI VENKAT SHINDE, WE WOULD LIKE TO STATE BEFORE YOUR GOOD OFFICE THE FOLLOWING FACTS : WE ARE IN RECEIPT OF YOUR NOTICE TO ATTEND BEFORE Y OUR GOOD SELF IN SUBJECT MATTER FOR THE ASSESSMENT YEAR 2008-09 ON 24/01/20 19. WE REQUEST WITHDRAWAL OF APPEAL NO.2343/PUN/2016. BRIEF DESCRIPTION OF APPELLATE ORDER IN THAT THE APPEAL IS A GAINST THE PENALTY ORDER PASSED BY THE ACIT, RANGE 8 WHERE THE PENALTY IS IMPOSED ON NOT PROVIDING THE CONFIRMATIONS FROM THE C REDITORS AND UNPAID EXPENSES. AS THE CASE RELATES TO ASSESSMENT Y EAR 2008-09 MANY OF THE DOCUMENTS ARE NOT IN PLACE. ALSO WE ARE NOT IN THE TALKING TERMS WITH THE CONCERNED PARTIES. IN VIEW OF T HE FACTS MENTIONED HEREIN WE WISH TO WITHDRAW THE APPEAL. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FR OM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JANUARY, 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VI CE PRESIDENT PUNE; DATED : 24 TH JANUARY, 2019 ITA NO.2343/PUN/2016 SHRI VENKAT SHINDE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-9, PUNE 4. 5. THE PR.CIT-5, PUNE , , / DR B, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SEC RETARY , / ITAT, PUNE ITA NO.2343/PUN/2016 SHRI VENKAT SHINDE 4 DATE 1. DRAFT DICTATED ON 24-01-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 24-01-2019 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *