M/s. Space Developers, Aurangabad V. Assistant Commissioner of Income-tax,

ITA 2500/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4094 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-02-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 27-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHABANA PARVEEN
• Assessee Lawyers: N O N E
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JM . / ITA NO . 2500 /P U N/201 6 / ASSESSMENT YEAR : 20 12 - 13 M/S. SPACE DEVELOPERS, SURVEY NO. 55, PART C, GARKHEDA, AURANGABAD 431001 PAN : ABQFS1346G ....... / APPELLANT / V/S. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3, AURANGABAD / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : MS. SHABANA PARVEEN / DATE OF HEARING : 0 7 - 02 - 2019 / DATE OF PRONOUNCEMENT : 07 - 02 - 2019 / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2, AURANGABAD DATED 23 - 08 - 2016 PASSED U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2012 - 13. 2. T HE ASSESSEE HAS FILED AN APPLICATION DATED 06 - 02 - 2019 TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICATION READS AS UNDER : 2 ITA NO . 2500/PUN/2016, A.Y. 2012 - 13 IN THE MATTER OF : M/S. SPACE DEVELOPERS VERSUS ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE - 3, AURANGABAD APPEAL NO. : ITA 2500/PUN/2016 ASSESSMENT YEAR : 2012 - 13 1. TH AT THE ABOVE NOTED CASE IS PENDING BEFORE THIS HONBLE COURT AND IS FIXED FOR HEARING ON 7.02.2019. 2. THAT NOW THE APPLICANT/APPELLANT WANT TO WITHDRAW THE ABOVE NOTED APPEAL FROM THIS HONBLE COURT, TO AVOID LITIGATION. IT IS, THEREFORE, PRAYED THAT THE ABOVE MENTIONED APPEAL OF THE APPELLANT - APPLICANT MAY KINDLY BE DISMISSED AS WITHDRAWN IN THE INTEREST OF JUSTICE. 3. MS. SHABANA PARVEEN REPRESENTING THE DEPARTMENT SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE WRITTEN REQUEST MADE BY THE ASSESSEE/APPELLANT THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT AFTER HEARING OF THE APPEAL ON THURSDAY, THE 07 TH DAY OF FEBRUARY, 2019. SD/ - SD/ - ( R.S. SYAL ) (VIKAS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 07 TH FEBRUARY, 2019 . RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 2, AURANGABAD 4. THE PR. COMMISSIONER OF INCOME TAX - 2, AURANGABAD 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // // TRUE COPY// / PRIVATE SECRETARY, , / ITAT, PUNE