M/s. G.K. Developers, Pune V. ITO, Pune

ITA 426/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3208 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 14-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABAY DAMLE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRAKUMAR YADAV AND SHRI D. KARUNAKARA RAO ITA NO. 426/PN/09 (ASST. YEAR 2005-06) M/S. G.K. DEVELOPERS, 21/1, B-BLOCK, PIMPRI, PUNE PAN NO. AAFFG5688P .... APPELLANT VS. ITO, WARD 8(2), PUNE . RESPONDENT ASSESSEE BY : SHRI NIKHIL PATHAK REVENUE BY : SHRI ABAY DAMLE ORDER PER D. KARUNAKARA RAO, AM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(V), PUNE DATED 12/12/2008 PASSED U/S. 263(1) OF THE INCOME T AX ACT, FOR A.Y 2005-06. 2. MR. NIKHIL PATHAK, LD. COUNSEL FOR THE ASSESSEE AP PEARED AND STATED AT THE OUTSET, THAT THE CAUSE OF GRIEVANCE DO NOT SURVIVE AN Y MORE BECAUSE CONSEQUENCE UPON THE DIRECTION ISSUED BY THE COMMIS SIONER IN THE IMPUGNED ORDER, THE A.O HAS EXAMINED THE CASE OF THE ASSESSEE AND THEREAFTER, ON INVESTIGATION, HE MADE A PROPER ASSESSMENT. DUE TO TH IS REASON, THE ASSESSEE HAD NO GRIEVANCE. IN THESE CIRCUMSTANCES, THE COUNSEL REQUESTED TO GRANT PERMISSION OF THE WITHDRAWAL OF THIS APPEAL. EVEN THE LD. DR HAS NOTHING MUCH TO ADD ONCE THE APPELLANT HAS SUO MOTU OFFERED NOT TO PURSUE HIS APPEAL. 3. ON CONSIDERING THE ABOVE, WE FIND NO REASON TO REJE CT TO ASSESSEES REQUEST AND ACCORDINGLY, WE HEREBY PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. ACCORDINGLY, THE APPEAL IS DISMISSED . 4. APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH OCTOBER, 2010. SD/- SD/- (SHAILENDRAKUMAR YADAV) (D.KARUNAKAR A RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R ITA NO. 426/PN/09 A.Y: 2005-06 PAGE 2 OF 2 PUNE DATED THE 28 TH OCTOBER, 2010 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ITO WARD 8(2), PUNE 3. CIT-V, PUNE 4. D.R. ITAT A BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE