P & C - SPS & Co JV, Erode V. ACIT, Erode

ITA 3244/CHNY/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2351 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 25-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D KUMUTHA
• Assessee Lawyers: B PARTHASARATHY

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.3244/CHNY/2016 ( / ASSESSMENT YEAR: 2012-13) M/S. P&C SPS & CO JV, C/O. SARATHY & SARATHY, ADVOCATES, J.R. PLAZA, I FLOOR, 15 NACHIAPPA STREET, ERODE 638 001. VS THE ACIT, RANGE I, ERODE PAN: AAMFP0227C ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI B. PARTHASARATHY, ADVOCATE / RESPONDENT BY : MS. D. KUMUTHA, JCIT /DATE OF HEARING : 29.10.2018 /DATE OF PRONOUNCEMENT : 29.10.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, COIMBATORE, DATED 24.08.2018 IN ITA APPEAL NO.232/15-16 FOR THE ASSESSMENT YEAR 2012-13 PASSED U/S. 250(6) R.W.S. 271(1)(C) OF THE ACT. 2 ITA NO.3244/CHNY /2016 2. AT THE OUTSET, THE LD.AR SUBMITTED A LETTER BEFORE US REQUESTING FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE. THE EXTRACT OF THE LETTER IS REPRODUCED HEREIN BELOW FOR REFERENCE: ITA 3244/2016 P&C -SPS & CO-JV., ERODE APPELLANT VS ACIT,RANGE I, ERODE RESPONDENT THE ABOVE APPEAL PREFERRED AGAINST THE IMPUGNED ORDER PASSED BY CIT A 3, COIMBATORE WHICH WAS AGAINST THE PENALTY ORDER PASSED BY THE A.O. U/S271 (1) (C) OF THE INCOME TAX ACT, 1967, AND IS PENDING BEFORE THIS HON'BLE COURT. WHEN APPEAL ALIVE, THE DEPARTMENT PROCEEDED U/S 276(C)(1) OF THE ACT AND LAUNCHED CRIMINAL PROCEEDINGS BEFORE JUDICIAL MAGISTRATE R ERODE, AND POSTED FOR FURTHER PROCEEDINGS. DESPITE THE FACTS, CIRCUMSTANCES OF THE CASE AND JUDICIAL PRECEDENTS IN APPELLANT'S FAVOUR, TO AVOID FURTHER TRIAL BEFORE THE CRIMINAL COURT. A DECISION TO COMPOUND THE ALLEGED OFFENCE DEPARTMENTALLY FOR WHICH WITHDRAWING CASES AGAINST APPEAL IS SET MANDATORY, AND ONLY FOR THIS AND ON THIS SCORE, THE APPEAL IS HEREBY WITHDRAWN AND HENCE IT IS MOSTLY PRAYED THAT THE APPEAL MAY BE PERMITTED TO BE WITHDRAWN AS AFORESAID AND ORDERED DISMISSED AS WITHDRAWN AS ABOVE. FOR P&C SPC & CO JV SD/- PARTNER 3. THE LD.DR DID NOT RAISE ANY OBJECTION FOR WITHDRAWING THE APPEAL. 3 ITA NO.3244/CHNY /2016 4. AFTER HEARING BOTH SIDES AND CONSIDERING THE PRAYER OF THE LD.AR AND LETTER SUBMITTED BY THE ASSESSEE BEFORE US, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THE 29 TH OCTOBER, 2018 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 29 TH OCTOBER, 2018 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER