M/s. Phenix Spinning Pvt. Ltd., Amreli V. The Principal Commissioner Of Income Tax-3, Rajkot

ITA 435/RJT/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2260 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 04-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M N MAURYA
• Assessee Lawyers: DM RINDANI
• Section: 143(3); 201; 43; 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI WASEEM AHMED , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER ./ ITA NO. 43 5 /RJT/201 8 / ASS ESSMENT YEAR: 201 5 - 1 6 M/S. PHENIX SPINING PVT. LTD. FLEXI PLAST INDIA, PLOT NO. 91, AMRELI - 365601 VS THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, RAJKOT PAN NO. AAH CP5 955 D / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI D. M . RINDANI , CA REVENUE BY : SHRI M. N. MAURYA , CIT( DR ) / DATE OF HEARING : 2 7 / 02 /20 20 / DATE OF PRONOUNCEMENT : 28 / 02 / 20 20 PER BENCH : THE INSTANT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 1 1 . 0 9 .201 8 UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT ) PASSED BY THE PR. COMMISSIONER OF INCOME TAX (APPEALS) - 3 , RAJKOT ARISING OUT OF THE ORDER DATED 20 .1 2.2017 PASSED BY J CIT, RANGE - 3(1), RAJKOT UNDER SECTION 143(3) OF THE ACT FOR THE ASSESSMENT YEAR (A.Y.) 20 1 5 - 1 6 . 2 . AT THE TIME OF HEARING OF THE INSTANT APPEAL THE LD. COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE CONSEQUENTIA L ORDER HAS BEEN PASSED UNDER SECTION 143(3) R.W.S. 263 ACCEPTING THE RETURNED INCOME. HENCE, THE PRESENT APPEAL BECOMES INFRUCTUOUS AND ITA NO . 43 5 /RJT/201 8 AY 201 5 - 1 6 - 2 - WITHDRAWN. THUS, IN VIEW OF THE ABOVE FACT THE APPEAL IS DISMISSED AS WITHDRAWN. 3 . IN THE RESULT, APPEAL IS DISMISS ED AS WITHDRAWN. ORDER PRONOUNCED IN THE COURT ON 28 TH FEBRUARY , 2020 AT RAJKOT . SD/ - SD/ - ( WASEEM AHMED ) ACCOUNTANT MEMBER ( MADHUMITA ROY ) JUDICIAL MEMBER RAJKOT ; DATED, 28 / 02 /20 20 TANMAY DATTA , SR.PS TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, RAJKOT 6. / GUARD FILE . / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, RAJKOT 1. DATE OF DICTATION - 2 7 / 02 /20 20 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 8 /02 /20 20 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. - /02/2020 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRON OUNCEMENT /02/2020 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28 /02/2020 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .. 8. DATE OF DESPATCH OF THE ORDER