Sandvik Asia Private Limited, Pune V. Assistant Commissioner of Income tax, Pune

ITA 339/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6292 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 09-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIKHIL S PATHAK SHRI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NO.339/PUN/2017 / ASSESSMENT YEAR : 2009-10 SANDVIK ASIA PRIVATE LIMITED, MUMBAI-PUNE ROAD, DAPODI, PUNE 411 012 PAN : AACCS6638K VS. ACIT, CIRCLE-10, PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL FILED BY THE ASSESSEE ARISES OUT OF THE ORDER OF ACIT, CIRCLE-10, PUNE ON 20-12-2016 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. BEFORE US, THE ASSESSEE FILED A LETTER DATED 22-01-2019 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH WITHDRAWAL LETTER, READ AS UNDER : APPELLANT BY SHRI NIKHIL S. PATHAK RESPONDENT BY SHRI PANKAJ GARG DATE OF HEARING 24-01-2019 DATE OF PRONOUNCEMENT 24-01-2019 ITA NO.339/PUN/2017 SANDVIK ASIA PVT. LTD., 2 WE REFER TO THE CAPTIONED APPEAL SCHEDULED FOR HEARIN G ON 24 JANUARY, 2019. IN THIS REGARD, THE COMPANY SUBMITS THAT, IT HAS INADVE RTENTLY FILED AN APPEAL AGAINST THE ORDER PASSED BY ASSESSING OFFI CER UNDER SECTION 143(3) R.W.S.263 OF THE INCOME-TAX ACT, 1961 BEFORE HONBLE INCOME TAX APPELLATE TRIBUNAL (ITAT) INSTEAD OF COMMIS SIONER OF INCOME-TAX (APPEALS) [CIT(A)]. CONSIDERING THIS, THE COMPANY IS IN PROCESS OF FILI NG AN APPEAL BEFORE THE CIT(A) ALONG WITH APPLICATION FOR CONDONATIO N OF DELAY AND HENCE ,THE COMPANY WISHES TO WITHDRAW THE CAPTIONED APPEAL AND REQUESTS YOUR HONOURS PERMISSION FOR THE SAME. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FR OM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JANUARY, 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VI CE PRESIDENT PUNE; DATED : 24 TH JANUARY, 2019 ITA NO.339/PUN/2017 SANDVIK ASIA PVT. LTD., 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE ACIT, CIRCLE-10, PUNE 4. , , / DR B, ITAT, PUNE; 5. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SEC RETARY , / ITAT, PUNE ITA NO.339/PUN/2017 SANDVIK ASIA PVT. LTD., 4 DATE 1. DRAFT DICTATED ON 24-01-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 24-01-2019 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *