Shri Ashok Kamleshbhai Golani, GANDHIDHAM V. The Income Tax Officer, Ward-1, GANDHIDHAM

ITA 451/RJT/2011

• Counselvise Citation: [2012] 120 COUNSELVISE.COM (IT) 0174 (ITAT-RAJKOT)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 26-09-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 23-11-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: RD LALCHANDANI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , , , , . .. . . .. . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SRIVASTAV A, AM ITA NO. 451/RJT-2011 / ASSESSMENT YEAR 2005-06 ASHOK KAMLESHBHAI GOLANI, D/151, NU 103, SHAKTINAGAR, GANDHIDHAM PAN: ABZPG6740P ( * / APPELLANT) VS. INCOME TAX OFFICER, WARD-1, GANDHIDHAM +,* / RESPONDENT -. / ASSESSEE BY SHRI. R.D.LALCHANDANI . / REVENUE BY SHRI AVINASH KUMAR . / DATE OF HEARING 26.9.2012 . / DATE OF PRONOUNCEMENT 28.09.2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DATED 14.9.2011 OF CIT(A) F OR THE ASSESSMENT YEAR 2005-06.. 2. ONLY GROUND RAISED IN THIS APPEAL READS AS UNDER : 1. THE CIT(A) ERRED IN NOT RECTIFYING HE ORDER PASSE D ON 3.3.2009. THE REFUSAL OF RECTIFY THE ORDER IS NOT JUST IFIED 3. AT THE TIME OF HEARING BEFORE US ON BEHALF OF THE ASSESSEE SHRI R.D.LALCHANDANI APPEARED AND CONTENDED THAT IN VIEW O F THE DECISION OF THE TRIBUNAL IN ASSESSEES PROPRIETARY CONCERN CASE IN ITO V/S GOLANI ASHOK KAMLESH IN ITA NO.840/RJT/2009 (AY-2005-06) DAT ED 30.8.2012, THE ASSESSEE BE PERMITTED TO WITHDRAW THE APPEAL FILED BY HIM. SHRI ITA NO. 451/RJT-2011 2 AVINASH KUMAR, THE LD. DR APPEARED ON BEHALF OF THE REVENUE AND CONTENDED THAT THIS IS AN ASSESSEES APPEAL AND HE IS AT L IBERTY TO WITHDRAW THE SAME. 4. IN VIEW OF THE SUBMISSIONS MADE BY THE ASSESSEES COUNSEL A ND NO OBJECTION RAISED BY THE LD. DR FOR WITHDRAWAL OF THE APPEAL OF THE ASSESSEE, WE ACCEDE THE REQUEST OF THE ASSESSEE AND PERMIT TH E ASSESSEE TO WITHDRAW THE SAME. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS DISMISSED. THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED HEREINABOVE. SD/- SD/- ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 3/ ORDER DATE 28-09-2012. /RAJKOT SRL . .. . +4 +4 +4 [phone] / COPY OF ORDER FORWARDED TO:- 1. * / APPELLANT-, 2. +,* / RESPONDENT- 3. : / CONCERNED CIT. 4. :- / CIT (A). 5. 4 +, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , TRUE COPY SENIOR PRIVATE SECRETARY , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.