Gujarat State Fertilizers & Chemicals Ltd., Vadodara V. The Dy.CIT, Circle-1(1)(1), Vadodara

ITA 331/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6153 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 10-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: APRANA M AGRAWAL
• Assessee Lawyers: S R SHAH
• Section: 154

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ ITNO.331/AHD/2016 / ASSTT. YEARS: 2007-08 GUJARAT STATE FERTILIZERS & CHEMICALS LTD. P.O. FERTILIZER NAGAR VADODARA 391 750. PAN : AAACG 7996 C VS. DCIT, CIR.1(1)(1) VADODARA. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI S.R.SHAH, AR REVENUE BY : APRANA M. AGRAWAL, CIT-DR ! / DATE OF HEARING : 10/01/2018 '#$ ! / DATE OF PRONOUNCEMENT: 01/02/2018 %& / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THE PRESENT APPEAL OF THE ASSESSEE IS DIRECTED AGA INST ORDER OF LD.CIT(A)-1, VADODARA DATED 2.2.2015 FOR THE ASSTT. YEAR 2007-08. 2. AT THE OUTSET, THE LD.COUNSEL FOR THE ASSESSEE S EEKS TO WITHDRAW ITS APPEAL AND FILED A LETTER DATED 9.1.2018 TO THIS EF FECT. IT READS AS UNDER: RE: GUJARAT STATE FERTILIZERS & CHEMICALS LTD. ITA NO.331/AHD/2016 [BY ASSESSEE] ASSESSMENT YEAR: 2007-08 HEARING FIXED ON 10/01/2018 - 'A' BENCH THE ABOVE APPEAL FILED BY THE ASSESSEE IS AGAINST T HE ORDER U/S 154 PASSED BY CIT(A), BARODA IN RESPONSE TO AN APPLICAT ION FOR RECTIFICATION U/S 154 FILED BY THE APPELLANT BEFORE CIT(A), BARODA. IT) NO. 331/AHD/2016 2 SIMULTANEOUSLY, THE APPELLANT HAS ALSO FILED AN APP EAL AGAINST THE ORDER OF CIT(A) IN MAIN QUANTUM PROCEEDINGS VIDE AP PEAL NO. 1286/AHD/2015, WHICH IS PENDING FOR DISPOSAL BEFORE HON'BLE 'A' BENCH OF TRIBUNAL. SINCE THE ISSUE IN THE PRESENT APPEAL AGAINST ORDER U/S 154 PASSED BY CIT(A) IS ALSO A SUBJECT MATTER OF APPEAL IN THE MA IN APPEAL IN ITA NO. 1286/AHD/2015, WE WITHDRAW THE PRESENT APPEAL S UBJECT TO THE RESERVATION OF OUR RIGHT TO CONTEST THE SAME IN THE MAIN APPEAL NO. 1286/AHD/2015. OUR SAID WITHDRAWAL SHOULD NOT BE CO NSTRUED AS GIVING UP OUR RIGHT TO CONTEST THE ISSUE ON MERITS OF THE CASE IN THE SAID APPEAL NO. 1286/AHD/2015. WE ARE SORRY FOR THE INCONVENIENCE CAUSED TO THE HO N'BLE BENCH AND HOPE, THE HON'BLE BENCH WILL TAKE A SUITABLE DECISI ON IN THE MATTER. 3. IN VIEW OF THE ABOVE CIRCUMSTANCE, REQUEST OF TH E LD.COUNSEL FOR THE ASSESSEE TO WITHDRAW THE ABOVE APPEAL IS GRANTED, A ND WE TREAT THE APPEAL OF ASSESSEE IN ITA NO.331/AHD/2016 AS DISMISSED AS BEING WITHDRAWN. ORDER PRONOUNCED IN THE COURT ON 1 ST FEBRUARY, 2018. SD/- SD/- (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER