M/s. Cooper Corporation Pvt. Ltd., Satara V. Pr. Commissioner of Income-tax - 3,

ITA 740/PUN/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9610 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KK MISHRA
• Assessee Lawyers: VIPIN GUJRATHI
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , ! ' # , $% &' #' , ' # '( BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWAS THY, JM '%. / ITA NO. 740/PUN/2015 * +* / ASSESSMENT YEAR : 2010-11 M/S. COOPER CORPORATION PVT. LTD., NARIMAN HOUSE, PLOT NO. M-60-1, ADDITIONAL M.I.D.C., POST KODOLI, SATARA 415004 PAN : AAACC9687J ....... / APPELLANT / V/S. PR. COMMISSIONER OF INCOME TAX-3, PUNE / RESPONDENT ASSESSEE BY : SHRI VIPIN GUJRATHI REVENUE BY : SHRI K.K. MISHRA / DATE OF HEARING : 03-04-2017 / DATE OF PRONOUNCEMENT : 03-04-2017 , / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE OR DER OF PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE DATED 30-03-2 015 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. 740/PUN/2015, A.Y. 2010-11 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 30-03-2017 TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICA TION READS AS UNDER : THE APPELLANT HAS FILED THE ABOVE MENTIONED APPEAL CHALLENGING THE ASSUMPTION OF JURISDICTION OF THE HONOURABLE PRINCI PAL COMMISSIONER OF INCOME TAX - 3 PUNE (PR. CIT) TO PASS ORDER DATED 3 0 TH MARCH 2015 UNDER SECTION 263 OF THE INCOME TAX ACT 1961. THE HONOURA BLE PR. CIT PASSED ORDER UNDER SECTION 263 OF THE INCOME TAX ACT AND S ET ASIDE THE ASSESSMENT ORDER DATED 26 TH MARCH 2013 PASSED BY THE JOINT COMMISSIONER OF INCOME TAX; SATARA RANGE, SATARA (HE REINAFTER REFERRED TO AS 'THE LEARNED AO). THE HONOURABLE PR. CIT FUR THER DIRECTED THE ASSESSING OFFICER TO PASS A FRESH ORDER DETERMINING THE TOTAL INCOME AFTER EXAMINATION OF THE FACTS AND LEGALITY OF THE CASE. THE ASSISTANT COMMISSIONER OF INCOME TAX SATARA CIR CLE, SATARA (ACIT, SATARA) PASSED THE ASSESSMENT ORDER DATED 31 ST MARCH 2016 UNDER SECTION 143(3) R. W. S. 263 OF THE INCOME TAX ACT 1 961 IN ACCORDANCE WITH THE DIRECTIONS GIVEN BY THE HONOURABLE PR. CIT. WIT HOUT MAKING ANY CHANGE IN THE ASSESSMENT ORDER PASSED U/S. 143 (3) DATED 26 TH MARCH 2013 (FURTHER MODIFIED ON 14 TH JULY, 2015 U/S. 143 (3) R/W. SEC. 250 TO GIVE EFFECT TO THE ORDER OF THE COMMISSIONER OF INC OME TAX (APPEALS)-4, PUNE DTD. 19 TH FEBRUARY, 2015). THE TOTAL ASSESSED INCOME AS PER THE ORIGINAL ASSESSMENT ORDER AND THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) R. W. S. 263 OF THE I T ACT HAS REMA IN UNCHANGED. A COPY OF THE ASSESSMENT ORDER IS ENCLOSED HEREWITH. THER EFORE, THE PRESENT APPEAL HAS BECOME INFRUCTUOUS AND ACADEMIC. THEREF ORE, THE APPELLANT IS NOT INTERESTED IN PURSUING THE APPEAL AND THE AP PEAL MAY PLEASE BE TREATED AS WITHDRAWN. 3. SHRI K.K. MISHRA REPRESENTING THE DEPARTMENT SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE ASSESSEE WISHE S 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 MONDAY, THE 03 RD DAY OF APRIL, 2017. SD/- SD/- ( / ANIL CHATURVEDI) ( ! / VIKAS AWASTHY) ' ! / ACCOUNTANT MEMBER # ! / JUDICIAL MEMBER ' / PUNE; $% / DATED : 03 RD APRIL, 2017 RK 3 ITA NO. 740/PUN/2015, A.Y. 2010-11 , - ./& 0&+ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE 4. &' () , * () , + +, , ' / DR, ITAT, B BENCH, PUNE. 5. '-. /0 / GUARD FILE. // // TRUE COPY// *'1 / BY ORDER, 2 %3 / ASSISTANT REGISTRAR, * () , ' / ITAT, PUNE