M/S GIRRAJ PRASAD DWARKA PRASAD, Jaipur V. CIT, Kota

ITA 367/JPR/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3015 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 11-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUBHASH CHANDRA
• Assessee Lawyers: S L PODDAR
• Section: 143(3); 263

Judgement Text

1 ITA 367-12 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH : JAIPUR. BEFORE SHRI B.R. JAIN AND SHRI VIJAY PAL RAO ITA NO. 367/JP/2012 ASSTT. YEAR : 2007-08. M/S. GIRIRAJ PRASAD DWARKA PRASAD, VS. COMMISSIONE R OF INCOME-TAX, NEW MANDI, GANGAPUR CITY. KOTA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.L. PODDAR RESPONDENT BY : SHRI SUBHASH CHANDRA DATE OF HEARING : 21.05.2013. DATE OF PRONOUNCEMENT : 21.05.2013. ORDER PER B.R. JAIN, A.M. THIS APPEAL BY ASSESSEE AGAINST THE ORDER DATED 27 .03.2012 OF LD. CIT, KOTA CHALLENGES THE DECISION TO SET ASIDE THE ASSESSMENT FOR MAKING IT AFRESH ON THE FOLLOWING GROUNDS :- 1. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TH E ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX, KOTA IS ILL EGAL AND VOID AB INITIO. 2. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TH E LEARNED COMMISSIONER OF INCOME TAX HAS ERRED AND PASSING TH E ORDER U/S 263 OF INCOME TAX ACT, 1961 ON THE GROUNDS WHICH ARE NOT P REJUDICIAL TO THE INTEREST OF THE REVENUE OR ERRONEOUS. 2 3. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TH E LEARNED COMMISSIONER OF INCOME TAX KOTA HAS WRONGLY SET ASI DE THE ORDER OF ASSESSING OFFICER U/S 143(3) OF THE INCOME TAX ACT, 1961 WHICH WAS PASSED AFTER MAKING ELABORATE ENQUIRIES AND DETAILE D INVESTIGATION DURING THE ASSESSMENT PROCEEDINGS REGARDING ALL ISSUES ON THE BASIS OF WHICH THE LEARNED CIT (A) HAS PASSED THE ORDER U/S 263 OF THE IT ACT, 1961. 2. ASSESSEES COUNSEL SHRI S.L. PODDAR HAS SOUGHT P ERMISSION TO WITHDRAW THE APPEAL AS THE CONSEQUENT ASSESSMENT ORDER HAS ALREA DY BEEN PASSED BY THE ASSESSING OFFICER ON 28.03.2013 AND AS SUCH NO GRIEVANCE REMA INS IN THE AFORESAID APPEAL. 3. THE LD. D/R DOES NOT OBJECT TO THE WITHDRAWAL OF APPEAL BY ASSESSEE. 4. HAVING HEARD PARTIES AND IN THE LIGHT OF THE FAC TS AS NARRATED ABOVE, THE PERMISSION TO WITHDRAW THE APPEAL IS GRANTED. THE APPEAL IS DISMISSED AS WITHDRAWN AS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF PARTIES IMMEDI ATELY AFTER CONCLUSION OF HEARING ON 21.05.2013. SD/- SD/- ( VIJAY PAL RAO ) ( B. R. JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 21/05/2013. D/- COPY FORWARDED TO :- M/S. GIRIRAJ PRASAD DWARKA PRASAD, GANGAPUR CITY. THE CIT KOTA THE CIT THE D/R GUARD FILE (ITA NO. 367/JP/2012) BY ORDER, AR ITAT JAIPUR. 3