Diawar R Shaikh, Pune V. DCIT, Cir-8, Pune

ITA 38/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5821 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-02-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, PUNE SHRI S.S. GODARA, JM AND DR. DIPAK P. RIPOTE, AM ITA No. 37 to 39/PUN/2021 A.Y. 2009-10 to 2011-12 Diawar R. Shaikh Plot No. 45, Sector 1, Indrayani Nagar, Bhosari, PUNE – 411 026 PAN; ALJPS 3300 F Appellant Vs. The Dy. CIT Cir. 8 Pune. Respondent Appellant by : Shri S.D. Pathak Respondent by : Shri S.P. Walimbe Date of Hearing : 30-06-2022 Date of Pronouncement : 19-07-2022 ORDER PER S.S. GODARA, JM : These assessee’s three appeals for A.Y. 2009-10 to 2011-12 arise against the CIT(A)- 9, Pune’s separate orders all dated 27-03-2018 in Case No. PN/CIT(A)-6/DDCIT-Cir.8/335(B)/ 2015-16/123, PN/CIT(A)-6 / DDCIT- Cir.8/335(B) / 2015-16/124 and PN/CIT(A)-6/DDCIT-Cir.8/335(B)/2015-16/125 respectively in proceedings u/s 271(1)(c) of the Income-tax Act, 1961, in short “the Act”. Heard both the parties. Case files perused. 2. It emerges at the outset that the learned counsel has filed a letter dated of even date that the assessee no more wishes to press for all the three appeals since he has already filed as many cases against the very penalties ITA No. 933 to935/PUN/2018 pending for hearing on 18-07-2022. He seeks to withdraw all these three cases therefore. The Revenue is fair enough in not disputing all these averments. Faced with this situation, we accept the assessee’s request to withdraw all these three appeals with liberty to raise all factual as well as legal grounds in the three cases in ITA No. 933 to 935/PUN/2018. Ordered accordingly. 2 ITA No. 37 to 39/PUN/2021 Diawar R. Shaikh A.Y. 2009-10 to 2011-12 3. These assessee’s three appeals are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on this 19 th day of July 2022. Sd/- sd/- (DR. DIPAK P. RIPOTE) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated, this 19 th day of July 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT (A)-9 Pune 4. The Pr. CIT 5 Pune 5. The D.R. ITAT A’ Bench, Pune. 5. Guard File BY ORDER, Sr. Private Secretary ITAT, Pune. 3 ITA No. 37 to 39/PUN/2021 Diawar R. Shaikh A.Y. 2009-10 to 2011-12 Date 1 Draft dictated on 30-06-2022 Sr.PS 2 Draft placed before author 04-07-2022 Sr.PS 3 Draft proposed and placed before the second Member 04-07-2022 JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS Sr.PS 6 Kept for pronouncement on 19-07-2022 Sr.PS 7 Date of uploading of order 19-07-2022 Sr.PS 8 File sent to Bench Clerk 19-07-2022 Sr.PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order