Ramchandra Maruti Mohite, Kolhapur V. Principal Commissioner of Income-tax,

ITA 880/PUN/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7705 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIRUPAMA KOTRU
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . . . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NOS. 880 TO 882/PUN/2016 / ASSESSMENT YEARS : 2009-10 TO 2011-12 SHRI RAMCHANDRA MARUTI MOHITE, 17-E, SHIV PARVATI, NAGALA PARK, KOLHAPUR 416 003 PAN : ABGPM8695J . / APPELLANT V/S PRINC IPAL COMMISSIONER OF INCOME TAX, (CENTRAL), PUNE . / RESPONDENT ASSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SMT. NIRUPAMA KOTRU, CIT / ORDER PER D. KARUNAKARA RAO, AM : THE ABOVE 3 APPEALS FILED BY THE ASSESSEE ARE AGAI NST THE SEPARATE ORDERS OF PR. CIT(CENTRAL), PUNE COMMONLY DATED 29-03-2016 FO R THE ASSESSMENT YEARS 2009- 10 TO 2011-12. 2. BEFORE US, AT THE OUTSET, LD. COUNSEL FOR THE AS SESSEE FILED AN APPLICATION DATED 21-08-2017 SEEKING WITHDRAWAL OF THE ABOVE 3 APPEALS. THE REASON FOR SUCH WITHDRAWAL AS MENTIONED IN THE REQUEST APPLICATION READS AS UNDER : 1. THE ASSESSEE HAS FILED THE ABOVE REFERRED APPEA LS AGAINST ORDER PASSED BY LD.CIT(CENTRAL), PUNE U/S.263 OF THE ACT. 2. THE LD.CIT(CENTRAL) VIDE HIS ORDERS DATED 29-03- 16 PERTAINING TO AYRS. 2009-10, 2010-11 AND 2011-12 VIDE PARA 7 OF THE SAI D ORDER HAS HELD AS UNDER : 7. IN VIEW OF THE ABOVE FACTS, THE ORDER DATED 28- 03-2014 PASSED BY THE ACIT CENTRAL CIRCLE, KOLHAPUR 143(3) R.W.S. 153 A IN THE CASE OF SHRI R.M. MOHITE IS HELD TO BE ERRONEOUS IN SO AS MUCH RENDER ING IT PREJUDICIAL TO THE / DATE OF HEARING : 21.08.2017 / DATE OF PRONOUNCEMENT: 21.08.2017 2 ITA NOS.880 TO 882/PUN/2016 SHRI RAMCHANDRA MARUTI MOHITE INTEREST OF REVENUE AND IS THEREFORE, CANCELLED FOR FRESH ASSESSMENT BASED ON EVIDENCES FOUND DURING THE COURSE OF SEARCH PROC EEDINGS, EXAMINATION OF EVIDENCES IN RESPECT OF ENTRIES IN BANK ACCOUNT OF THE ASSESSEE AND IN PARTICULAR EXAMINATION OF ALL LOANS ADVANCED BY THE ASSESSEE TO VARIOUS PERSONS INCLUDING SOU. KALPANA R. MOHITE. 3. IN VIEW OF THE ABOVE AND AFTER FULL VERIFICATION OF THE EVIDENCES, DOCUMENTS, RECORDS AND ACCOUNTS OF THE PARTIES THE AO IN HIS A SSESSMENT ORDER GIVING EFFECT TO ORDER U/S.263 OF THE LD.CIT(CENTRAL) HAS ACCEPTED T HAT THE ASSESSEE COULD PROVE THE INVESTMENTS MADE WITH SOUL KALPANA R. PATIL. THERE FORE, THERE IS NO CAUSE FOR CONTINUING THE APPEALS AND THEREFORE, THE ASSESSEE HAS INSTRUCTED TO WITHDRAW THE CAPTIONED APPEALS. 4. IN VIEW OF THIS, IT IS REQUESTED TO ALLOW ME TO WITHDRAW THE APPEAL AND OBLIGE. 3. ON HEARING BOTH THE PARTIES, WE ALLOW THE REQUES T OF THE ASSESSEE TO WITHDRAW THE APPEALS FILED BY THE ASSESSEE. ACCORD INGLY, THE GROUNDS RAISED BY THE ASSESSEE IN THE ABOVE 3 APPEALS ARE DISMISSED AS W ITHDRAWN. 4. IN THE RESULT, ALL THE 3 APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF AUGUST, 2017. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 21 ST AUGUST, 2017. / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. THE PR.CIT(CENTRAL), PUNE THE ADDL.CIT, RANGE-1, PUNE 5. % , , B BENCH PUNE; 6. / GUARD FILE.