Shri Surendra Mehta, Bhopal V. THE ACIT-3(1), Bhopal

ITA 908/IND/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 5757 (ITAT-INDORE)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-03-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 02-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M D JAVED
• Assessee Lawyers: YASHWANT SHARMA

Judgement Text

SHRI SURENDRA MEHTA, I.T.A NO. 908/IND/2016 A.Y.:2 008-09 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE . . , . . , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER SHRI SURENDRA MEHTA, E-3/10, ARERA COLONY, BHOPAL V. ACIT-3(1) / APPELLANT / RESPONDENT . . ./ PAN: AFSPM-8170Q / APPELLANT BY SHRI YASHWANT SHARMA , CA / RESPONDENT BY SHRI M D. JAVED, SR. (DR) / DATE OF HEARING 30.03. 2017 / DATE OF PRONOUNCEMENT 30.03 . 2017 / O R D E R PER O.P.MEENA, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-2, BHOPAL IN THE APPEAL DECIDED AGAINST THE ORDER U/S 271AAA FOR ASSESSMENT YEAR 2008-09. 1. AT THE OUTSET OF HEARING, THE LD. COUNSEL FOR THE A SSESSEE SUBMITTED THAT THE LD. CIT(A) HAS DELETED THE PENAL TY LEVIED IN THIS CASE. HOWEVER, DUE TO CLERICAL MISTAKE BY HIS OFFICE AN APPEAL . . ./ I.T.A. NO. 908/IND/2016 &(( / ASSESSMENT YEAR: 2008-09 SHRI SURENDRA MEHTA, I.T.A NO. 908/IND/2016 A.Y.:2 008-09 PAGE 2 OF 2 AGAINST THE SAID ORDER IS FILED BEFORE THE TRIBUNAL . THEREFORE, THE LD. COUNSEL REQUESTED TO WITHDRAW THE APPEAL. 2. WE HAVE HEARD THE PARTIES AND FOUND THAT THE LD. CI T(A) HAS DELETED THE PENALTY LEVIED U /S 271AAA BY THE AO. H ENCE, THEREFORE, NO CAUSE OF ACTION IS ARISEN FROM THE SA ID IMPUGNED APPELLATE ORDER. ACCORDINGLY, THE APPEAL IS ALLOWED TO BE WITHDRAWN. HENCE, THE SAME IS, THEREFORE, TREATED A S DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. 4. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.03.20 17. SD/- (..) (C.M. GARG) SD/- (..) (O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30.03.2017. SB*