Sudharshan Chemical Industries Ltd., Pune V. ACIT, Pune

ITA 439/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3223 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 15-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S SINGH
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRAKUMAR YADAV AND SHRI D. KARUNAKARA RAO ITA NO. 439/PN/09 (ASST. YEAR 2004-05) SUDARSHAN CHEMICAL INDUSTRIES LTD. 162 WELLESLEY ROAD, PUNE-411001 PAN NO. AABCS4223P .... APPELLANT VS. ACIT, CIRCLE-6, PUNE . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI A.S. SINGH ORDER PER D. KARUNAKARA RAO, AM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER OF THE CIT-III,PUNE DATED 20/03/2009 PASSED U/S. 263 OF THE INCOME TAX ACT, FOR A.Y 2004-05. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. APPELLAN T VIDE HIS LETTER DATED 24-08-2010 6 HAS SUBMITTED AS FOLLOWS:- WE HAVE FILED THE ABOVE SAID APPEAL ON 15/04/2009 AGAINST THE ORDER PASSED U/S. 263 BY HONORABLE CIT-III. IN THE SAID O RDER THE HONORABLE CIT III HAS SET ASIDE THE ISSUE TO THE FILE OF THE ASSE SSING OFFICE WITH A DIRECTION TO HIM TO DECIDE THE SAME AFRESH COLLECTI NG FROM THE ASSESSEE ALL THE RELEVANT FACTS AND EVIDENCE. THE ASSESSING OFFI CER ISSUED A NOTICE. THE COMPANY HAS FILED ALL REQUISITE DETAILS ALONGWI TH THE EVIDENCE BEFORE ASSESSING OFFICER. THE ASSESSING OFFICER HAS ACCEPTED ALL THE DETAILS FILED BY THE COMPANY AND PASSED THE ORDER U/S. 143( 3) R.W.S 263 IN THE FAVOUR OF THE COMPANY . HENCE THE MATTER IS BECOME REDUNDANT. WE HEREBY REQUEST TO YOUR HONOUR THAT OUR ABOVE APP EAL MAY KINDLY BE ALLOWED TO BE WITHDRAWN . 3. THUS, THE ORDER PASSED BY THE CIT U/S 263 DID NOT RESULT IN MAKING OF ANY ADDITIONS OR RAISED OF ANY DEMAND. THUS, THE FRESH ASS ESSMENT PROCEEDINGS WERE DECIDED IN FAVOUR OF THE ASSESSEE. THUS, THE ASSESSE E HAS NO GRIEVANCE. IN THESE CIRCUMSTANCES, THE COUNSEL REQUESTED TO GRANT PERMISSIO N OF THE WITHDRAWAL OF THIS APPEAL. EVEN THE LD. DR HAS NOTHING MUCH TO AD D ONCE THE APPELLANT HAS SUO MOTU OFFERED NOT TO PURSUE HIS APPEAL. IN VIEW OF THESE S UBSEQUENT DEVELOPMENTS, ON CONSIDERING THE ABOVE, WE FIND NO RE ASON TO REJECT TO ITA NO. 439/PN/09 A.Y: 2004-05 PAGE 2 OF 2 ASSESSEES REQUEST AND ACCORDINGLY, WE HEREBY PERMIT T HE ASSESSEE TO WITHDRAW THE APPEAL. ACCORDINGLY, THE GROUNDS RAISED IN THE APP EAL ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE 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 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