M/s. J J Chaudhary and Co., Jalgaon V. Pr. Commissioner of Income-tax - 2,

ITA 618/PUN/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1752 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 01-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAWE
• Assessee Lawyers: N O N E
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , , !'#'' $ , % & BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM / ITA NO. 618/PN/2015 %' ( ')( / ASSESSMENT YEAR : 2010-11 M/S. J J CHAUDHARY AND CO, PLOT NO. 2, J J ANNA TOWER, MALEGAON ROAD, CHALISGAON, DISTT.-JALGAON PAN : AABFJ8839K ....... / APPELLANT ' / V/S. PR. COMMISSIONER OF INCOME TAX-2, NASHIK / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI HITENDRA NINAWE / DATE OF HEARING : 02-06-2016 / DATE OF PRONOUNCEMENT : 02-06-2016 * / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE OR DER OF PRINCIPAL COMMISSIONER OF INCOME TAX-2, NASHIK DATED 09-03- 2015 PASSED U/S. 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTE R REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2010-11. 2 ITA NO. 618/PN/2015, A.Y. 2010-11 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 02-05-2016 TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICA TION READS AS UNDER : THE ABOVE APPEAL WAS FILED BY ME ON 1/05/2015. TH E APPEAL RELATES TO ORDER U/S. 263 PASSED FOR A.Y. 2010-11. THE ASSESSING OFFICER HAS PASSED AN ORDER U/S. 143(3) GIVING EFFE CT TO ORDER U/S. 263 ON 15.1.2016 WHERE IN THE INCOME ORIGINALLY ASSESSED H AS BEEN ACCEPTED. IN VIEW OF THE SAID ASSESSMENT ORDER PASSED U/S. 14 3(3) RWS 263, I WISH TO WITHDRAW MY APPEAL AGAINST ORDER U/S. 263 B EFORE THE HON TRIBUNAL. I THEREFORE REQUEST THAT I MAY KINDLY BE PERMITTED TO WITHDRAW MY APPEAL. 3. SHRI HITENDRA NINAWE REPRESENTING THE DEPARTMENT SUB MITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE ASS ESSEE WISHES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE WRITTEN REQUEST MADE BY THE ASSESSEE /APPELLANT THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT AFTER HEARING OF THE APPEAL ON THURSDAY, THE 02 ND DAY OF JUNE, 2016. SD/- SD/- ( . . / R.K. PANDA) ( ! ' / VIKAS AWASTHY) #' / ACCOUNTANT MEMBER $ % #' / JUDICIAL MEMBER / PUNE; &# / DATED : 02 ND JUNE, 2016 RK *+,%-.#/#)- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX-2, NASHIK 4. !'( %%)* , )* , + +,- , / DR, ITAT, B BENCH, PUNE. 5. ( . /0 / GUARD FILE. // ! % // TRUE COPY// #1 / BY ORDER, %2 )- / PRIVATE SECRETARY, )* , / ITAT, PUNE