Birla VXL Ltd., Jamnagar V. The Commissioner of Income Tax, Jamnagar

ITA 246/RJT/2007

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56650 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-06-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 21-03-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) I.T.A. NO.246/RJT/2007 (ASSESSMENT YEAR 2002-03) BIRLA VXL LTD VS THE ACIT, CIR.2 AERODROME ROAD JAMNAGAR JAMNAGAR PAN : AACFB0044H (APPELLANT) (RESPONDENT) DATE OF HEARING : 11-08-2011 DATE OF PRONOUNCEMENT : 11-08-2011 APPELLANT BY : WRITTEN SUBMISSION RESPONDENT BY: SHRI YOGESH PANDE O R D E R PER N.R.S. GANESAN, JM THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF ADMINISTRATIVE COMMISSIONER, JAMNAGAR PASSED IN EXERCISE OF HIS PO WERS U/S 263 DATED 17-01- 2007 FOR THE ASSESSMENT YEAR 2002-03. 2. THE APPEAL WAS FIXED FOR HEARING ON SEVERAL OCCA SIONS, FINALLY ON 11-08- 2011. WHEN THE APPEAL WAS TAKEN UP FOR HEARING NO ONE APPEARED FOR THE ASSESSEE. HOWEVER AN APPLICATION FILED BY THE ASSE SSEE ON 01-07-2011 BEFORE THE REGISTRY IS PLACED ON RECORD. IN THE APPLICATI ON DATED 28-06-2011 THE ASSESSEE HAS STATED AS FOLLOWS: ITA NO.246/RJT/2007 2 THE CAPTIONED APPEAL HAD BEEN FILED AGAINST THE OR DER U/S 263 PASSED BY THE CIT, JAMNAGAR. THE AO HAS ALREADY MA DE THE FRESH ASSESSMENT VIDE AN ORDER PASSED U/S 143(3) RWS 263 ON 12/12/2007. WITH A VIEW TO AVOID REPEATED LITIGATION, WE WISH T O WITHDRAW THE CAPTIONED APPEAL. THE LD.DR HAS NO OBJECTION TO DISMISS THE APPEAL AS WITHDRAWN. SINCE THE ASSESSEE WANTED TO WITHDRAW THE APPEAL AND THE REVE NUE HAS NO OBJECTION FOR DISMISSING THE APPEAL AS WITHDRAWN, THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11-08-2011 A T THE TIME OF HEARING. SD/- SD/- (A.L. GEHLOT) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 11 TH AUGUST, 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT, JAMNAGAR 4. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT