Swatantar Kumar Soni, Parwanoo V. Pr. CIT, Shimla

ITA 461/CHANDI/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5147 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 12-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMARESH SINGH CIT
• Section: 143(3); 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH B, CHANDIGARH .., ! '# #$ %, & '( BEFORE: SHRI. N.K.SAINI, VP & SHRI , SANJAY GARG, J M ITA NO. 461/CHD/2019 ASSESSMENT YEAR : 2014-15 SWATANTAR KUMAR SONI SURINDER BABBAR, FCA, BABBAR & CO., CHARTERED ACCOUNTANT, BABBAR BHAWAN, GREEN TOWER, SECTOR-1, PARWANOO- HIMACHAL PRADESH PR. CIT THE MALL SHIMLA- HIMACHAL PRADESH PAN NO: ABUPS4601A APPELLANT RESPONDENT !' ASSESSEE BY : SHRI SURINDER BABBAR, C.A #!' REVENUE BY : SHRI AMARESH SINGH, CIT $ %! & DATE OF HEARING : 19/02/2020 '()*! & DATE OF PRONOUNCEMENT : 19/02/2020 ')/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 08/10/2018 OF LD. PR. CIT, SHIMLA. 2. FOLLOWING GROUNDS HAVE BEEN RAISED IN THIS APPEA L: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE L D. PR. CIT, SHIMLA HAS GROSSLY ERRED IN INITIATING PROCEEDINGS UNDER SECTION 263 O F THE INCOME TAX ACT, 1961 AND SETTING ASIDE THE VALID ASSESSMENT COMPLETED BY THE LD. DCIT, CIRCLE PARWANOO, UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE L D. PR. CIT, SHIMLA IS NOT AT ALL JUSTIFIED IN SETTING ASIDE THE VALID ASSESSMENT AND HOLDING THE SAME TO BE ERRONEOUS AS WELL AS PREJUDICIAL TO THE INTEREST OF THE REVEN UE BY INVOKING THE PROVISIONS OF SECTION 263 OF THE INCOME TAX ACT, 1961. 3. THE APPELLANT CRAVES LEAVE TO ADD, AMEND, DELETE D ANY GROUND OF APPEAL BEFORE THE DISPOSAL OF THE APPEAL. 3. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE HAS THE INSTRUCTIONS TO WITHDRAW THIS APPEA L AND GAVE IN WRITING AS UNDER: 2 I MAY BE ALLOWED TO WITHDRAW THE APPEAL SD/- (SURINDER BABBAR) CHARTERED ACCOUNTANT 4. LD. CIT DR DID NOT OBJECT IF THE APPEAL OF THE A SSESSEE IS TO BE DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. (ORDER PRONOUNCED IN THE OPEN COURT ON 19/02/2020) SD/- SD/- #$ % .., (SANJAY GARG ) ( N.K. SAI NI) & '(/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 19/02/2020 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE (+ $ BY ORDER, ; # ASSISTANT REGISTRAR