Kishor Shankar Garve, Pune V. Deputy Commissioner of Income tax,

ITA 2940/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5843 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 26-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O A MAO
• Assessee Lawyers: V L JAIN
• Section: 154

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE . , , BEFORE SHRI D.KARUNAKARA RAO , AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 2940 /PUN/201 6 / ASSESSMENT YEAR : 20 12 - 13 SHRI KISHOR SHANKAR GARVE GARVE BUILDING, NAVI SANGVI, PUNE 411027 PAN : AA VPG2791H . / APPELLANT V/S D CIT, CIRCLE - 4 , PUNE . / RESPONDENT A SSESSEE BY : SHRI V. L . JAIN RE VENUE BY : SHRI O.A. MAO, CIT / ORDER PER D. KARUNAKARA RAO , AM : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) - 3 , PUNE, DATED 27 - 0 7 - 2016 FOR THE ASSESSMENT YEAR 20 12 - 13 . 2 . A T THE OUTSET, LD. COUNSEL FOR THE ASSESSEE REFERRING TO THE ASSESSEES LETTER DATED 29.01.2019 SUBMITTED THAT ASSESSEE IS NOT WILLING TO PURSUE THE APPEAL FILED BY HIM AND WANT TO WITHDRAW THE / DATE OF HEARING : 30 .0 1 . 201 9 / DATE OF PRONOUNCEMENT: 30 . 0 1 .201 9 2 ITA NO. 2940 / P U N/2016 SHRI KISHOR S GARVE SAME . THE REASON FOR SUCH WITHDRAWAL AS MENTIONED IN THE REQUEST APPLICATION OF THE ASSESSEE READS AS UNDER : 1. THE PRESENT APPEAL HAS BEEN FILED ON 26.10.2016 AGAINST THE ORDER OF CIT(A) DATED 27.07.2016 WHICH CONFIRMS THE DISALLOWANCE OF CLAIM UNDER SECTION 80IB(10) OF INCOME TAX ACT, 1961. 2. HOWEVER, A RECTIFICATION PETITION UNDER SECTION 154 FILED BEFORE THE CIT(A) HAS BEEN ADDRESSED BY PASSING AN ORDER ALLOWING THE CLAIM. 3. UNDER THE CIRCUMSTANCES, THE PRESENT APPEAL HAS BECOME INFRUCTUOUS AND IS THEREFORE PROPOSE TO BE WITHDRAWN, HENCE THE PRESENT APPLICATION. 3. LD DR HAS NO OBJECTION FOR WITHDRAW AL OF THE APPEAL BY THE ASSESSEE . 4. ON PERUSAL OF THE ASSESSEES LETTER AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR , WE ALLOW THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5 . IN THE RESULT, THE APPEAL OF T HE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH DAY OF JANUARY , 201 9 . SD/ - SD/ - ( VIKAS AWASTHY ) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE ; DATED : 30 TH JANUARY , 201 9 . GCVSR 3 ITA NO. 2940 / P U N/2016 SHRI KISHOR S GARVE / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A) - 3 , PUNE 4. THE PR.CIT - 2 , PUNE 5 . , , BENCH PUNE; 6 . / GUARD FILE .