Shriram Gopaldas Khatod, Jalgaon V. Commissioner of Income-tax - 2,

ITA 673/PUN/2015

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6979 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-02-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 11-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIRUPAMA KOTRU
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO.673/PUN/2015 / ASSESSMENT YEAR : 2010-11 SHRIRAM GOPALDAS KHATOD, ...APPELLANT. PLOT NO.79, JAI NAGAR, KAVYA RATNAWALI CHOWK, JALGAON 425 002. PAN : ANDPK2324B. VS. THE COMMISSIONER OF INCOME TAX, .RESPONDENT NASHIK. APPELLANT BY : NONE (WITHDR AWAL LETTER DT.25.11.2017 FILED) RESPONDENT BY : MS. NIRUPAMA KOTRU. / ORDER PER ANIL CHATURVEDI, AM: 1. THE APPEAL FILED BY THE ASSESSEE IS EMANATING OUT OF THE ORDER OF COMMISSIONER OF INCOME-TAX 2 NASHIK DT.27.03. 2015 FOR THE ASSESSMENT YEAR 2010-11. 2. ASSESSEE IS AN INDIVIDUAL AND A REAL ESTATE DEALER AND COMMISSION AGENT. ASSESSEE FILED HIS RETURN OF INCOME ON 31.03.2011 DECLARING TOTAL INCOME OF RS.5,83,720/-. THE CASE WAS SELECTED FOR SCRUTINY AND THEREAFTER ASSESSMENT WAS FRAM ED U/S 143(3) OF THE ACT VIDE ORDER DT.22.03.2013 AND THE TOTAL IN COME WAS DETERMINED AT RS.6,51,040/-. THEREAFTER CIT VIDE DT.27.03.2 015 / DATE OF HEARING : 11.12.2017 / DATE OF PRONOUNCEMENT: 11.12.2017 2 PASSED U/S 263 OF THE ACT HELD THAT THE ORDER PASSED BY AO U/S 143(3) OF THE ACT TO BE ERRONEOUS AND PREJUDICIAL TO T HE INTEREST OF REVENUE AND ACCORDINGLY SET ASIDE THE ORDER OF AO PASS ED U/S 143(3) OF THE ACT AND DIRECTED THE AO TO FRAME FRESH AS SESSMENT AS PER THE DIRECTIONS CONTAINED IN THE ORDER U/S 263 OF THE ACT. AGGRIEVED BY THE ORDER OF CIT PASSED U/S 263 OF THE AC T, ASSESSEE IS NOW IN APPEAL BEFORE US. 3. ON THE DATE OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE BUT HOWEVER A LETTER DT.25.11.2017 HAS BEEN FILED BY THE ASSESSEE WHEREIN INTER-ALIA HE SUBMITTED THAT AS THE ISSU ES INVOLVED IN THE ORDER U/S 263 OF THE ACT DT.27.03.2015 WERE DECIDE D REASONABLY IN HIS FAVOUR AND CONSIDERING THE COST OF FURTH ER LITIGATION, HE WISHES TO WITHDRAW THE APPEAL. REVENUE HAS NO OBJECTION IN ASSESSEES WITHDRAWING THE APPEAL. 4. WE HAVE HEARD THE LD. D.R. AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE REQUEST OF ASSESSEE VIDE LETTER DT .25.11.2017, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 11 TH DAY OF DECEMBER, 2017. SD/- SD/- ( SUSHMA CHOWLA ) ( ANIL CHATURVEDI ) / JUDICIAL MEMBER ! / ACCOUNTANT MEMBER PUNE; DATED : 11 TH DECEMBER, 2017. YAMINI 3 '#$%&'&$ / COPY OF THE ORDER FORWARDED TO : 1 . / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5. 6. CIT-2, NASHIK. ACIT, RANGE -1, JALGAON. !' 1 '#$,& #$ , / DR, ITAT, B PUNE; !'()/ GUARD FILE. / BY ORDER , // TRUE COPY // // TRUE COP + ,- '. #/ / SR. PRIVATE SECRETARY & #$ , / ITAT, PUNE.