M/s. SPP Food Products (P) Ltd., Delhi V. ITO, Uttrakhand

ITA 3301/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7123 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 25-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY VARMA
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BEN CH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH, JUDIC IAL MEMBER ITA NO.3301/DEL/2015 [A.Y 2010-11] SPP FOOD PRODUCTS (P) LTD. VS. ITO C/O. RAJIV SAXENA & CO. RUDRAPUR, (ADVOCATES & SOLICITORS) UDHAM SINGH NAGAR 318, POCKET-D, MAYUR VIHAR-II, UTTRAKHAND DELHI -110091 PAN AAICS9526Q [APPELLANT] [RESPONDENT] DATE OF HEARING : 16.07.2018 DATE OF PRONOUNCEMENT : 16.0 7.2018 ASSESSEE BY : SH. AJIT KUMAR JHA, CA REVENUE BY : SHRI VIJAY VARMA, CIT DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX, HALDWANI DATED 16.03.20 15 PERTAINING TO A.Y 2010-11. 2. VIDE APPLICATION DATED 16.07.2018, THE ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. THE RELEVANT PART OF THE APPLICATION READS AS UNDER :- 2 SIR, THE CAPTIONED APPEAL IS FIXED FOR HEARING ON 16.0 7.2018. IT IS SUBMITTED THAT PURSUANT TO ORDER U/S 263 A GAINST WHICH THIS APPEAL IS FILED, THE ASSESSMENT HAS BEEN MADE BY AS SESSING OFFICER U/S 263 / 143 (3). AGAINST THAT ORDER ASSESSEE ALSO FILED APP EAL BEFORE CIT (A) AND GOT THE RELIEF. HENCE PURSUING THIS APPEAL NOW WOULD BE ONLY ACA DEMIC AS ASSESSEE HAS ALREADY GOT RELIEF AND THERE IS NO TAX DEMAND. IT IS HUMBLY REQUESTED THAT THE AFORESAID APPEAL MAY KINDLY BE ALLOWED TO BE WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.3301/DEL/2015 IS DISMISSED AS WITHDRAWN. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 16.07. 2018. SD/- SD/- [ KULDIP SINGH] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16 TH JULY, 2018 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 3 DATE OF DICTATION 16.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 16.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER