A.C.I.T., Circle-4, Agra V. M/s Bhole Baba Milk Food Industries Ltd., Agra

ITA 3/AGR/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1956 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 02-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BELU SINHA; RAJARSHRI DWIVEDI
• Assessee Lawyers: E PASS ROAD AGRA PAN A AACP P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SH RI J.S. REDDY , ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY , JUDICIAL MEMBER ITA NO. 03 / AG RA /201 5 ASSESSMENT YEAR : 20 08 - 09 ASSTT. COMMISSIONER OF INCOME TAX, VS. M/S BHOLE BABA MILK FOOD IND USTRIES CIRCLE - 4 , AGRA . LIMITED, 7/52 - D, NAGLA JAWAHAR, BYE PASS ROAD, AGRA. (PAN: A AACP 3948 P ) . (APPELLANT) (RESPONDENT) A PPELLANT BY : SHRI RAJARSHRI DWIVEDI, C.I.T. (D.R.) & SMT. BELU SINHA, SR.D.R. RE S PONDENT BY : NONE DATE OF HEARING : 0 6 .07. 201 6 DATE OF PRONOUNCEMENT : 08 . 07.201 6 ORDER PER N.K. CHOUDHRY : THIS IS AN APPEAL FILED BY THE REVENUE. ADMITTEDLY THE TAX E FF ECT IN THE PRESENT APPEAL IS LESS THAN RS.10 LAK HS. 2. I N TERMS OF CBDT CI R CULAR NO.21/2015 DATED 10 TH DECEMBER 2015, F.NO.279/MISC./142/2007 - ITJ (PT.) READ WITH SECTION 268A OF THE INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHD R AWN OR SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE . ITA NO. 03 /AGRA/201 5 A.Y. 20 08 - 09 2 3. L EARNED DEPARTMENTAL REPREHENSIVE FILED AN APPLICATION F OR WITHDRAWAL OF THE APPEAL AND ALSO SUBMITTED IN THE C O URT FOR THE SAME. HENCE, IN VIEW OF THE NOTIFICATION AS WELL AS PRAYER OF THE LEARNED DEPARTMENTAL REPRESENTATIVE , APPEAL OF THE REVENUE I S DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JULY, 2016. SD/ - SD/ - ( J.S. REDDY ) ( N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE : 8 TH JU LY , 201 6 PBN/* COPY OF THE ORDER FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA