L.H.Sugar Factory, V. ACIT, Lucknow

ITA 575/LKW/2005

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54791 (ITAT-LUCKNOW)
• Duration Of Justice: 6 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 1998-1999
• Appeal Filed On: 19-07-2005
• Court: TRIBUNAL
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, LUCKNOW BENCH 'A', LUCKNOW. BEFORE SHRI H. L. KARWA, HON'BLE VICE PRESIDENT AND SHRI N. K. SAINI, ACCOUNTANT MEMBER I.T.A. NOS.575 & 576/LKW/05 ASSESSMENT YEARS:98-99 & 99-2000 M/S L. H. SUGAR FACTORIES LTD. VS. A.C.I.T. CIVIL LINES, CENTRAL CIRCLE-II, PILIBHIT-262 001 LUCKNOW. PAN:AAACL4597L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AMIT SHUKLA, ADVOCATE RESPONDENT BY: : SHRI JAGDISH, CIT, D. R. SHRI PRAVEEN KUMAR, CIT, D.R. DATE OF HEARING : 11/08/2011 DATE OF PRONOUNCEMENT : 11/08/2011 O R D E R PER BENCH: THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS EACH DATED 17/05/2005 OF CIT(A)-II, KANPUR RELATING TO ASSESSMENT YEARS 1998-99 AND 1999-2000. 2. IN BOTH THESE APPEALS THE ASSESSEE HAS CHALLENGED THE ACTION OF THE LEARNED CIT(A) IN HOLDING THAT THERE WERE RECTIFIABLE MISTAKES IN THE ORDER PASSED BY THE ASSESSING OFFICER U/S 154 OF THE I.T. ACT, 1961 WHILE GIVING EFFECT TO THE ORDER OF THE LEARNED CIT(A). 3. DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE HAS THE INSTRUCTIONS NOT TO PRESS THESE APPEALS AND GAVE IN WRITING VIDE APPLICATION DATED 11 TH AUGUST, 2011 AS UNDER: 2 IN RELATION TO THE AFORESAID APPEALS, FIXED FOR HEARING ON TODAY, IT IS HUMBLY SUBMITTED THAT ISSUES RELATING TO MERITS HAS BEEN SETTLED IN THESE CASES. THE LEGAL ISSUE RAISED REGARDING VALIDITY OF ORDER U/S 154, HAS BECOME PURELY ACADEMIC IN INTEREST. IT IS THEREFORE RESPECTFULLY PRAYED THAT YOUR HONOURS BE PLEASED TO GRANT PERMISSION TO NOT PRESS THE AFORESAID APPEALS. YOURS FAITHFULLY, SD/. (AMIT SHUKLA) ADVOCATE 4. THE LEARNED D.R. DID NOT OBJECT IF THE ABOVE APPEALS ARE DISMISSED AS NOT PRESSED. 5. WE, THEREFORE, CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, DISMISS THESE APPEALS AS NOT PRESSED. 6. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 11/08/2011) SD/. SD/. (H. L. KARWA) (N. K. SAINI) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 11/08/2011 *SINGH 1108 COPY FORWARDED TO THE: - 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. D.R. ASSISTANT REGISTRAR