M/s. Rajkamal Builders Infrastructure Pvt. Ltd., Ahmedabad V. The Deputy Commissioner of Income Tax, Circle-3(1)(2), Ahmedabad

ITA 3563/AHD/2016

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9146 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 30-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VINOD TANWANI HEARING CONCLUD
• Assessee Lawyers: Y K BATRA
• Section: 271(1)(c)

Judgement Text

ITA NO. 3563/AHD/2016 RAJKAMAL BUILDERS INFRA PVT LTD VS. DCIT ASSESSMENT YEAR : 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM] ITA NO.3563/AHD/2016 ASSESSMENT YEAR: 2011-12 RAJKAMAL BUILDERS INFRASTRUCTURE PVT LTD ................. APPELLANT 54, PARK HILL SOCIETY, OPP: KARNAVATI CLUB, NR. HEAVEN PARK, RAMDEVNAGAR, AHMEDABAD 380 015 [PAN: AABCR 0326 A] VS. DEPUTY COMMISSIONER OF INCOME TAX ..................... RESPONDENT CIRCLE 3(1)(2), AHMEDABAD APPEARANCES BY YK BATRA , FOR THE APPELLANT VINOD TANWANI , FOR THE RESPONDENT HEARING CONCLUDED ON: 13.12.2018 ORDER PRONOUNCED ON : 17.12.2018 O R D E R PER PRAMOD KUMAR, VP: 1. BY WAY OF THIS APPEAL, THE ASSESSEE-APPELLANT HA S CHALLENGED CORRECTNESS OF THE ORDER DATED 4 TH OCTOBER, 2016 PASSED BY THE BY THE LEARNED CIT(A)- 9, AHMEDABAD, DISMISSING THE APPEAL OF THE ASSESSEE ON TECHNICAL GROUND, IN THE MATTER OF PENALTY IMPOSED BY THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME-TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2011- 12. 2. AT THE TIME OF HEARING, IT IS NOTICED THAT THE A SSESSEE HAS FILED A LETTER DATED 12.12.2018 SEEKING PERMISSION FOR WITHDRAWAL OF APP EAL ON THE GROUND THAT ASSESSEES GRIEVANCE RAISED IN THE APPEAL HAS ALREA DY BEEN REDRESSED IN THE SUBSEQUENT ORDER PASSED BY THE LEARNED CIT(A)-9, AH MEDABAD DATED 06.12.2017. THE LEARNED COUNSEL FOR THE ASSESSEE, THEREFORE, PL EADED THAT APPEAL FILED BY THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO THE WITHDRAWAL O F THE APPEAL FILED BY THE ASSESSEE. ITA NO. 3563/AHD/2016 RAJKAMAL BUILDERS INFRA PVT LTD VS. DCIT ASSESSMENT YEAR : 2011-12 PAGE 2 OF 2 3. THEREFORE, IN VIEW OF THESE FACTS, WE ALLOW THE WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND ACCORDINGLY APPEAL OF THE ASSES SEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF DECEMBER, 2018. SD/- SD/- MS. MADHUMITA ROY PRA MOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, THE 17 TH DAY OF DECEMBER, 2018 *BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: 13.12.2018.. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ..13.12.2018......... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: ...17.12.2018.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT:.... 17.12.2018. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : ... 17.12.2018................... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER: ......