SHRI SATISH K. MUNDE, Nagpur V. THE CIT-1, Nagpur

ITA 238/NAG/2014

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3235 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2019
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 29-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 23-04-2014
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.238/NAG./2014 (ASSESSMENT YEAR : 200910 ) SHRI SATISH K. MUNDE 22B, GULAB PALACE RAMDASPETH, NAGPUR 440 025 PAN ACUPM6198B . APPELLANT V/S ADDL. COMMISSIONER OF INCOME TAX CIRCLE1, NAGPUR . RESPONDENT ASSESSEE BY : SHRI K.P. DEWANI REVENUE BY : SHRI A.R. NINAWE DATE OF HEARING 29.03.2017 DATE OF ORDER 29.03 .2017 O R D E R PER RAM LAL NEGI, J.M. THE AFORESAID APPEAL AT THE INSTANCE OF THE ASSESSE E IS DIRECTED AGAINST THE IMPUGNED ORDER DATED 13 TH MARCH 2014, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ) BY THE LEARNED COMMISSIONERI, NAGPUR, ON THE FOLLOWING GR OUNDS OF APPEAL: 1. THE ORDER PASSED UNDER SECTION 263 OF THE ACT IS ILLEGAL, INVALID AND BADINLAW; 2. THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE ACT WAS AFTER DUE ENQUIRIES AND AFTER OBTAIN ING COMPLETE REQUIRED DETAILS AND THUS THE LEARNED CIT ERRED IN HOLDING THAT THE ORDER IS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF REVENUE. 3. THE ASSESSEE HAD SUBMITTED COMPLETE REQUIRED DET AILS IN PROCEEDINGS UNDER SECTION 263 OF THE ACT BEFORE HON BLE CIT IN SPITE OF SAME LEARNED CIT ERRED IN HOLDING THAT SUR PLUS ON SALE OF AGRICULTURAL LAND REQUIRES EXAMINATION BY THE ASSES SING OFFICER 2 SHRI SATISH K. MUNDE AND THUS SETTING ASIDE ASSM ON THE SAID ISSUE BEFOR E THE ASSESSING OFFICER AND DIRECTING TO PASS ASSESSMENT AFRESH ON THE SAID ISSUE. 2. BEFORE US, THE LEARNED COUNSEL FILED A LETTER DATED NIL, STATING AS UNDER: 1. THE APPEAL FILED BY ASSESSEE IS IN RESPECT TO O RDER U/S 263 OF I.T. ACT, 1961. CONSEQUENTIAL ORDER PASSED BY A.O. PURSUANCE TO ORDER U/S 263 IS FINALLY DECIDED IN FAVOUR OF ASSES SEE AND PURSUING OF PRESENT APPEAL HAS BECAME AN ACADEMIC EXERCISE. 2. THE ASSESSEE IN THE CIRCUMSTANCES REQUESTS TO PE RMIT TO WITHDRAW THE APPEAL FILED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT OPPOSE TO THE CONTENTS OF THE AFORESAID PRAYER OF THE LEARNED COU NSEL FOR ASSESSEE FOR WITHDRAWAL OF ASSESSEES APPEAL. 4. IN VIEW OF THE ABOVE, WE TREAT THIS APPEAL AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 29.03.2017 SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER SD/ - RAM LAL NEGI JUDICIAL MEMBER NAGPUR, DATED: 29.03.2017 3 SHRI SATISH K. MUNDE COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, NAGPUR CITY CONCERNED; (5) THE DR, ITAT, NAGPUR; (6) GUARD FILE. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (DY./ASSTT. REGISTRAR) ITAT, NAGPUR