Sai Computers (P) Ltd, Meerut V. CIT, Meerut

ITA 3210/DEL/2008

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5730 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 30-03-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 24-10-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KISHORE B
• Assessee Lawyers: O P SAPRA
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G: NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER & SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO. 3210/DEL/2008 ASSESSMENT YEAR : 2004-05 M/S. SAI COMPUTERS (P) LTD., SAI DHAM, VICTORIA PARK, MEERUT. VS. COMMISSIONER OF INCOME TAX, MEERUT. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI O.P. SAPRA , ADVOCATE RESPONDENT BY : SHRI KISHORE B., SR. DR O R D E R PER: C.L. SETHI, J.M. THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER DATED 09.09.2008 PASSED BY THE LD. CIT, MEERUT, U/S . 263 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE A.Y. 2004-05. 2. IN THE COURSE OF HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS POINTED OUT THAT THE ASSESSEE IS WILLING TO WIT HDRAW THIS APPEAL AND FOR THAT PURPOSE AN APPLICATION HAS ALREADY BEEN SUBMIT TED ON 15.12.2009 STATING AS UNDER:- THE PRESENT APPEAL IS AGAINST THE ORDER DT. 09.09. 2008 OF THE LD. COMMISSIONER OF INCOME TAX, MEERUT SETTI NG ASIDE THE ASSESSMENT ORDER U/S. 263 OF THE I.T. ACT , 1961. IN THE SET-ASIDE PROCEEDINGS THE AO HAS COMPLETED T HE ASSESSMENT AGAIN VIDE ORDER DATED 30.12.2008, WHICH HAS ITA NO. 3210/DEL/2008 PAGE 2 OF 2 BEEN ACCEPTED BY THE APPELLANT AND NO APPEAL IS PRE FERRED AGAINST THE SAME. UNDER THESE CIRCUMSTANCES, THE PRESENT APPEAL BEFOR E YOUR HONOURS HAS BECOME INFRUCTUOUS AND THEREFORE T HE APPELLANT CRAVES LEAVE TO WITHDRAW THE SAME. YOUR HONOURS MAY KINDLY BE PLEASED TO ALLOW THE WITHDRAWAL OF THE SAID APPEAL. 3. IN THE LIGHT OF THE FACT THAT PRESENT APPEAL HAS BEEN WITHDRAWN BY THE ASSESSEE FOR THE REASON GIVEN IN THE ASSESSEES APP LICATION, WE ARE INCLINED TO DISMISS THIS APPEAL ON WITHDRAWAL. THE APPEAL STAN DS DISMISSED ACCORDINGLY. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 5. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT I MMEDIATELY AFTER THE HEARING WAS OVER ON 30 TH MARCH, 2010. SD/- (SHAMIM YAHYA) ACCOUNTANT MEMBER SD/- (C.L. SETHI) JUDICIAL MEMBER DATED: 30 TH MARCH, 2010 *NITASHA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. BY ORDER DEPUTY REGISTRAR