Pragati Sahakari Bank Ltd., Baroda V. The Dy.CIT, Circle-1(2), Baroda

ITA 453/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5987 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: C P BUCH
• Section: 234B

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ ITA NO. 453/AHD/2016 / ASSESSMENT YEAR : 2012-13 PRAGATI SAHAKARI BANK LTD., ALEMBIC COLONY, ALEMBIC ROAD, BARODA-390003 PAN : AAAAP 0468 N VS DCIT, CIRCLE-1(2), BARODA / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI C.P. BUCH, AR REVENUE BY : SHRI JAMES KURIAN, SR DR DATE OF HEARING : 28/02/2018 DATE OF PRONOUNCEMENT IN COURT : 05/03/2 018 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-5, VADODARA DA TED 30.11.2015 PASSED FOR ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WANTS TO WITHDRAW ITS APPEAL. HE ALSO PLACED ON RECORD A LETTER OF ASSESSEE ADDRESSED TO THE TRIBUNAL ON 11. 01.2018, SEEKING PERMISSION FOR WITHDRAWAL OF THE APPEAL, WHICH READ S AS UNDER:- WITH REFERENCE TO THE ABOVE SUBJECT, WE HAVE TO SU BMIT AS UNDER. THE ONLY GROUND OF OUR APPEAL IS AGAINST THE LEVY O F INTEREST OF RS.12,00,000/- U/S 234B AND RS.23,58,371/- U/S 234C OF THE INCOME TAX ACT, 1961. IN THIS REGARD, WE HAVE TO SUBMIT THAT APPRO PRIATE RELIEF HAS ALREADY BEEN GRANTED BY THE LEARNED AO AND, THEREFORE, IN O UR SUBMISSION, THE PRESENT APPEAL HAS BECOME INFRUCTUOUS. ACCORDINGLY , WE REQUEST YOUR HONOURS TO KINDLY TREAT THE PRESENT APPEAL AS INFRU CTUOUS. ITA NO. 453/AHD/2016 PRAGATI SAHAKARI BANK LTD VS. DCIT AY : 2012-13 2 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE ASSESSEES APPEAL. 4. WE, THEREFORE, DISMISS THE APPEAL OF THE ASSESS EE AS WITHDRAWN. ORDER PRONOUNCED IN THE COURT ON 5 TH MARCH, 2018 AT AHMEDABAD. SD/- SD/- (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 05/03/2018 *BIJU T., SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION- 01.03.2018 - WITHDRAWN 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 01.03.2018 OTHER MEMBER 05.03.2018. 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S. - 05.03.2018 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 05.03.2018 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK05.0 3.2018 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 8. DATE OF DESPATCH OF THE ORDER