M/s. Rijiya Brothers, Surat V. The ACIT.,Circle-9, Surat

ITA 3737/AHD/2008

• Counselvise Citation: 373720514 RSA 2008
• Duration Of Justice: 4 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-11-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 17-11-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D C PATWARI
• Keywords: Tax effect

Judgement Text

, , , , C , IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, C BENCH . .. . . .. . , !' !' !' !', , , , #$ #$ #$ #$ # ## #. .. .% $% % $% % $% % $%, , , , &' ( &' ( &' ( &' ( & ' & ' & ' & ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER) ITA NO.3737/AHD/2008 [ASSTT. YEAR : 2004-2005] M/S.RIJIYA BROTHERS C/O. ASHWIN PAREKH & CO. 410, KASHI PLAZA, MAJURA GATE SURAT. /VS. ACIT, CENT.CIR.2 SURAT. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) ./ 0 1 &/ ASSESSEE BY : NONE ( 0 1 &/ REVENUE BY : SHRI D.C.PATWARI 3 0 /4'/ DATE OF HEARING : 1 ST NOVEMBER, 2012 5%6 0 /4'/ DATE OF PRONOUNCEMENT : 7-12-2012 &7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL OF THE ASSESSEE FOR A.Y.2004-2005 IS AGAINST THE ORDER OF THE CIT(A ). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING OF THE APPEAL. THE ASSESSEE HAS FILED WRITTEN APPLICA TION DATED 31.8.2012 REQUESTING THE TRIBUNAL TO ALLOW PERMISSION TO WITH DRAW THIS APPEAL, AS THE AO HAS GIVEN DEDUCTION IN A.Y.2005-2006 AS OPEN ING STOCK FOR ADDITION MADE TO CLOSING STOCK OF A.Y.2004-05, AND HENCE THERE IS NO TAX EFFECT. WE FIND THAT ON THE EARLIER DATE OF HEARIN G I.E. ON 4.9.2012, THE LEARNED DR HAS OBJECTED ON THE GROUND THAT THE REPE RCUSSION OF ITA NO.3737/AHD/2008 -2- WITHDRAWAL ON THIS APPEAL IS YET TO BE ASCERTAINED. ACCORDINGLY, THE LEARNED DR WAS DIRECTED BY THE TRIBUNAL TO INFORM T HE CONSEQUENCES AND THE CASE WAS ADJOURNED TO 1 ST NOVEMBER, 2012. ON THE DATE OF HEARING ON 1.11.2012, THE LEARNED DR COULD NOT GIVE ANY REASON FOR OBJECTING THE WITHDRAWAL OF THE APPEAL REQUESTED BY THE ASSESSEE. IN THESE FACTS OF THE CASE, AND IN VIEW OF THE WRITTEN APPLICATION OF THE ASSESSEE DATED 31.8.2012 REQUESTING THE PERMISSION TO WITHDRAW THI S APPEAL, WE ALLOW THE WITHDRAWAL OF THIS APPEAL BY THE ASSESSEE, AND ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS ABOVE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( #.% $% /A.MOHAN ALANKAMONY) &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD