M/s Kalyan Toll Infrastructure Ltd., Indore V. The ACIT, 5(1), Indore

ITA 354/IND/2012

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5669 (ITAT-INDORE)
• Duration Of Justice: 4 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-10-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 11-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJEEV VARSHNEY
• Keywords: Search and seizure
• Section: 143(3); 153A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE . . , . . , ' BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER M/S. KALYAN TOLL INFRASTRUCTURE LTD. VIDYHYADEEP, 153 MANORAMAGANJ, INDORE PANAACCK1840M VS. ACIT 5(1) INDORE APPELLANT RESPONDENT APPELLANT BY SHRI AJAY TULSIYAN, CA RESPONDENT BY SHRI RAJEEV VARSHNEY, CIT (DR) / DATE OF HEARING 19.10.2016 / DATE OF PRONOUNCEMENT 19.10.2016 O R D E R PER O.P.MEENA, ACCOUTANT MEMBER. THIS APPEAL BY THE ASSESSEE FILED AGAINST THE ORDER DTD.06.03.2012 OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-2, INDO RE [HEREINAFTER REFERRED TO AS THE CIT(A)]. THIS APPEAL RELATES TO ASSESSMENT YEAR 2006-07 AS AGAINST APPEAL DECIDED IN ASSESSMENT ORD ER DATED 30.12.2008 PASSED U/S. 143(3) OF INCOME TAX ACT,196 1( HEREIN . .. . . .. . I.T.A. NO. 354 /IND/2012 '$ $ ASSESSMENT YEAR: 2006-07 I.T.A.NO. 354/IND/2012/A.Y.06-07/M/S. KALYAN TOLL I NFRASTRUCTURE LTD PAGE 2 OF 3 AFTER REFERRED TO AS 'THE ACT) BY THE ACIT 5(1) IND ORE [HEREINAFTER REFERRED TO AS THE AO]. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, A LETTER WAS FILED BY THE LEARNED COUNSEL FOR THE ASSESSEE COMPANY, WHERE IN THE ASSESSEE SOUGHT PERMISSION TO WITHDRAW THE APPEAL. I T IS MENTIONED IN THE LETTER FILED DURING THE COURSE OF HEARING TH AT AS A RESULT OF SEARCH AND SEIZURE OPERATION CARRIED OUT ON 05.05.2 011 IN THE ASSESSEE GROUP, THE ASSESSMENT WERE FRAMED UNDER SE CTION 153A OF THE ACT ON 26.03.2014 AND ALL THE ADDITION IN THIS APPEAL WERE INCLUDED THEREIN. AGAINST WHICH THE LD. CIT (A) HAS ALSO DISPOSED OFF THE APPEAL AGAINST WHICH THE ASSESSEE HAS FILED APPE AL BEFORE THIS TRIBUNAL ON 04.10.2016. UNDER THESE CIRCUMSTANCES, THE PRESENT APPEAL BECOMES INFRUCTUOUS. THEREFORE, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SOUGHT PERMISSION TO WITHDRAW THE APPEAL . 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO WITHDR AWAL OF THE APPEAL. 4. IN VIEW OF THE FOREGOING, APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT 19.10.2016. SD/- ( . . ) (D.T.GARASIA) JUDICIAL MEMBER SD/- ( . . ) (O.P.MEENA) ACCOUNTANT MEMBER I.T.A.NO. 354/IND/2012/A.Y.06-07/M/S. KALYAN TOLL I NFRASTRUCTURE LTD PAGE 3 OF 3 DATED: 19TH OCTOBER, 2016.OPM*