Vijay Kumar Kushwaha, Haridwar V. ITO, Ward- 2, Haridwar

ITA 4244/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3869 (ITAT-DELHI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 27-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.4244/DEL/2017 ASSESSMENT YEAR : 2006-07 VIJAY KUMAR KUSHWAHA, HARIDWAR VS. ITO, WARD-2, HARIDWAR PAN : ADPPK0311E (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SH. AMIT JAIN, SR. DR DATE OF HEARING : 25-10-2017 DATE OF PRONOUNCEMENT : 27-10-2017 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 19 TH NOVEMBER, 2012 OF THE CIT(A)- DEHRADUN RELATIN G TO ASSESSMENT YEAR 2006-07. 2. LEVY OF PENALTY OF RS. 6,46,920/- BY THE AO U/S 271(1)(C) OF THE IT ACT, 1961 AND CONFIRMED BY THE CIT(A) IS THE ONLY ISSUE RAISED BY THE ASSESSEE IN THE GROUNDS OF APPEAL. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET F ILED AN APPLICATION SEEKING WITHDRAWAL OF THE APPEAL ON THE GROUND THAT THE QUA NTUM APPEAL HAS ALREADY BEEN SET ASIDE BY THE TRIBUNAL TO THE FILE OF THE A O WITH A DIRECTION TO DECIDE THE ISSUE DENOVO. A COPY OF THE ORDER OF THE TRIBUNAL VIDE ITA NO. 797.DEL.2013 ORDER DATED 30 TH JUNE, 2017 WAS ALSO FILED. IN VIEW OF THE ABOVE AN D IN ABSENCE OF ANY OBJECTION FILED BY THE LD. DR, THE REQUEST O F THE ASSESSEE SEEKING 2 ITA NO.4244/DEL/2017 (VIJAY KUMAR KUSHWAHA) WITHDRAWAL OF THE APPEAL IS ACCEPTED. THE APPEAL FI LED BY THE ASSESSEE IS ACCORDINGLY DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 27/10/2017. - Z SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED : 27-10-2017 BINITA COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI 3 ITA NO.4244/DEL/2017 (VIJAY KUMAR KUSHWAHA) S.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 25.10.2017 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 26.10.2017 SR. PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/AM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON .2017 SR. PS/PS 7 DATE OF UPLOADING OF ORDER .2017 SR. PS/PS 8 FILE SENT TO BENCH CLERK .2017 SR. PS/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