Ganesh G. Nehete, Jalgaon V. ITO Wd. 1(1), Jalgaon

ITA 342/PUN/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7574 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 19-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHAY DAMLE
• Assessee Lawyers: MRS DEEPA KHARE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER SR. NO. ITA NO. A.Y. APPELLANT RESPONDEN T 1. 342/PN/2009 2005-06 GANESH G. NEHETE 1, SHREE GANESH NAGAR BEHIND M.J. COLLEGE JALGAON PAN AAFPN 7914 B 2 I.T.O. WARD 1(1)JALGAO N 2. 343/PN/2009 2005-06 UMAKANT G.NEHETE L/H OF LATE SHRI G.D. NEHETE ADDRESS AS ABOVE PAN AAFPN 7914 B -DO- 3. 344/PN/PN/2 009 2005-06 GOVIND G. NEHETE ADDRESS AS ABOVE PAN AIKPN 3291 J -DO- APPELLANTS BY: MRS. DEEPA KHARE RESPONDENT BY: SHRI ABHAY DAMLE ORDER PER BENCH THESE THREE APPEALS BY DIFFERENT ASSESSES HAVE BEEN FILED AGAINST IDENTICAL ORDERS OF THE CIT(A)-I I NASIK DATED 22-12-2008 FOR A.Y. 2005-06 ON THE COMMON POINT OF ADDITION SUSTAINED BY THE CIT(A). PAGE 2 OF 3 ITA NO. 342 TO 344/PN/2009 NEHETE GROUP A.Y. 2005-06 2. AT THE TIME OF HARING OF THESE APPEALS, ALL THE ASSESSES FILED LETTER DATED 20-1-2011 STATING AS UN DER: THE ABOVE APPEAL IS FIXED FOR HEARING ON 20-1- 2011. THE ISSUE INVOLVED IS REGARDING THE AVAILABILITY OF AGRICULTURAL INCOME FOR EXPLAINING THE CASH DEPOSITS IN THE BANK ACCOUNT. THE LOWER AUTHORITIES HAVE ACCEPTED THE SOURCE OF AGRICULTURAL INCOME AND GRANTED THE SUBSTANTIAL RELIEF AND THE INCOME-TAX DEPARTMENT ALSO HAS NOT CONTESTED THE ISSUE FURTHER IN APPEAL. THE EXTENT OF AGRICULTURAL INCOME NOW REMAINS PURELY A QUESTION OF ESTIMATE. CONSIDERING THE TOTALITY OF THE CIRCUMSTANCES, I HAVE DECIDED NOT TO PRESS THE ABOVE APPEAL. I THEREFORE REQUEST THAT I MAY KINDLY BE ALLOWED TO WITHDRAW THE ABOVE APPEAL. 3. IN THIS VIEW OF THE MATTER, THE LEARNED COUNSEL FOR THE ASSESSES SOUGHT PERMISSION OF THE TRIBUNAL TO WITHDRAW THESE APPEALS. THE LEARNED DR HAS SUBMITTED THAT HE HAS NO OBJECTION IF THE APPEALS A RE ALLOWED TO BE WITHDRAWN. 4. CONSIDERING THE ABOVE SUBMISSIONS, WE HEREBY ACCORD PERMISSION TO THE ASSESSES TO WITHDRAW THE AFORESAID APPEALS. 5. IN THE RESULT, THE APPEALS ARE DISMISSED AS WITHDRAWN. PAGE 3 OF 3 ITA NO. 342 TO 344/PN/2009 NEHETE GROUP A.Y. 2005-06 ORDER PRONOUNCED IN THE OPEN COURT ON THE 31 ST DAY OF JANUARY 2011. SD/- SD/- (D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 31 ST JANUARY 2011. ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-II NASIK 4. THE C.I.T. NASIK 3. THE D.R, A BENCH, PUNE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE