Shri Vijay Kumar Bothra, Kolkata V. CIT, Central-III, Kolkata, Kolkata

ITA 481/KOL/2010

• Counselvise Citation: 48123514 RSA 2010
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-05-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 08-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P CHOWDHURY
• Assessee Lawyers: SUBASH AGARAWAL
• Section: 143(3)

Judgement Text

, , , , , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [ . . . . . . . . , , ,, , , ] [BEFORE HONBLE SRI B. R. MITTA L, JM & HONBLE SRI AKBER BASHA, AM] !' !' !' !' / I.T.A NO. 481/KOL/2010 #$ %&' #$ %&' #$ %&' #$ %&'/ // / ASSESSMENT YEAR : 2005-06 SRI VIJAY KUMAR BOTHRA -VS.- COMMISSIONER OF INCOME TAX KOLKATA [PAN : AELPB 1129E] CENTRAL-III, KOLKATA (*+ /APPELLANT ) (-.*+/ RESPONDENT ) *+ / FOR THE APPELLANT : / /SHRI SUBASH AGARAWAL -.*+ / FOR THE RESPONDENT : / / SHRI S.P. CHOWDHURY, CIT /O R D E R [ , ] PER AKBER BASHA, AM THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT YEAR 2005-06 AGAINST ORDER OF CIT(A), CENTRAL-III, KOLKATA DATED 23.12.2009 U/S. 263 OF I NCOME TAX ACT ON THE FOLLOWING GROUND :- THAT THE ORDER DATED 23.12.2009 OF THE LD. CIT(A) , CENTRAL-III, KOLKATA, PASSED U/S. 263 OF THE INCOME TAX ACT SET ASISING THE ASSE SSMENT ORDER DATED 10.12.2007 PASSED U/S. 143(3) OF THE INCOME TAX ACT, BY HELDIN G THE SAME AS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE, IS BAD IN LAW AS WELL AS ON FACTS OF THE CASE. 2. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSE SSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL AND HAS SOUGHT PERMISSION TO WITHDRAW IT. LD. DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO ACCEPT THE PRAYE R OF THE ASSESSEE. ITA NO. 481/KOL/2010 2 3. IN VIEW OF ABOVE SUBMISSION OF LD. COUNSEL FOR THE ASSESSEE, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED AS WITHDRAWN. 0 1 2# 3 04 5 ORDER PRONOUNCED IN THE COURT ON 09. 05. 2 011. SD/- SD/- [ . . , ] [ , ] [ B. R. MITTAL ] [ AKBER BASHA ] JUDICIAL MEMBER ACCOUNTANT MEM BER 5 / DATED : 9 TH MAY, 2011. 6 -7 87&9 - COPY OF THE ORDER FORWARDED TO: 1. % /APPLICANT- SRI VIJAY KUMAR BOTHRA, 16, EVEREST H OUSE, 46C, JAWAHARLAL NEHRU ROAD, KOLKATA-700 071. 2 -.*+ / RESPONDENT : C.I.T. CENTRAL-III, PODDAR COURT, 18 , RABINDRA SARANI, KOLKATA- 700 001. 3. # / CIT 4. # ( )/ CIT(A) 5. %:3 -# / DR, KOLKATA BENCHES, KOLKATA [ .7 - / TRUE COPY] #2 / BY ORDER ; / !< /DEPUTY/ASSTT. REGISTRAR . [KKC %=> #?< @% /SR.PS]