Usha Agarwal, Bhubaneswar V. ITO, Bhubaneswar

ITA 347/CTK/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7551 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-11-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 29-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Assessee Lawyers: D K SHETH
• Keywords: Reassessment proceedings

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK SMC BENCH, CUTTACK BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER ITA NO.347 /CTK/2015 ASSESSMENT YEAR : 2010 - 2011 USHA AGARWAL, PROP. AGARWAL SAREE HOUSE, PLOT NO.300, RAMESWAR PATNA, BHUBANESWAR. VS. ITO, WARD 1(2), BHUBANESWAR. PAN/GIR NO. AAXPA 8586 E (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI D.K.SHETH, AR REVENUE BY : SHRI D.K.PRADHAN , DR DATE OF HEARING : 11 /11 / 2016 DATE OF PRONOUNCEMENT : 11 /11 / 2016 O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AGA INST THE ORDER OF CIT(A) - 1, BHUBANESWAR , DATED 7.5.2015 , FOR THE ASSESSMENT YEAR 2010 - 2011 ON THE FOLLOWING GROUND: FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ADDITION OF RS.6,23,283/ - UNDER HEAD SUNDRY CRED ITORS AS SUSTAINED BY THE LD COMMISSIONER IS ARBITRARY UNJUSTIFIED AND OTHERWISE EXCESSIVE. 2 ITA NO.347/CTK/2015 ASSESSMENT YEAR :2010 - 2011 2. AT THE TIME OF HEARING, LD A.R. OF THE ASSESSEE FILED A PETITION SEEKING PERMISSION TO WITHDRAW THE APPEAL. THE SAID PETITION READS AS UNDER: THAT SINCE THE RE HAS BEEN REASSESSMENT PROCEEDINGS U/S.147/143(3) AND THE ISSUES UNDER APPEAL BEFORE HOUR HONOUR HAVE BEEN DULY TAKEN CARE OF BY THE I.T. DEPARTMENT AND SINCE NOW NO DISPUTE REMAINS FOR THE PRESENT APPEAL, THE PETITIONER DESIRE TO WITHDRAW THE APPEAL AND NOT TO PROSECUTE THE PRESENT APPEAL. IN THE CIRCUMSTANCES THE PETITIONER REQUESTS TO KINDLY ALLOW THE PETITIONER TO WITHDRAW THE APPEAL AND DISPOSE THE SAME ACCORDINGLY. 3. ON THE OTHER HAND, LD D.R. DID NOT HAVE ANY OBJECTION TO THE ABOVE REQUEST OF L D A.R. OF THE ASSESSEE. 4. IN VIEW OF ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCE D IN THE OPEN COURT ON 11 /11 /2016 IN THE PRESENCE OF PARTIES. SD/ - ( N.S SAINI) A CCOUNTANT MEMBER CUTTACK; DATED 11 /11 /2016 B.K.PARIDA, SPS 3 ITA NO.347/CTK/2015 ASSESSMENT YEAR :2010 - 2011 COPY OF THE ORDER FORWARDED TO : BY ORDER, ASST.REGISTRAR, ITAT, CUTTACK 1. THE APPELLANT : USHA AGARWAL, PROP. AGARWAL SAREE HOUSE, PLOT NO.300, RAMESWAR PATNA, BHUBANESWAR. 2. THE RESPONDENT. ITO, WARD 1(2), BHUBANESWAR 3. THE CIT(A) - 1, BHUBANESWAR. 4. CIT , BHUBANESWAR. 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//