CAIRN EXPLORATION(NO.6) LTD., JODHPUR V. ASST. DIT(INTL. TAXATION), Jaipur

ITA 942/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99309 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MEENA DHK
• Assessee Lawyers: HARSH SARASWAT
• Section: 115JB

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA -@ ITA NO. 942/JP/2013 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2008-09. M/S CAIRN EXPLORATION (NO. 6) LTD., C/O- H. MANDORA & CO., JALORI BARI, NEAR MGH, JODHPUR (RAJASTHAN). CUKE VS. ASSISTANT DIRECTOR OF INCOME TAX (INTL. TAX), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AACCC 8886 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI HARSH SARASWAT (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI M.S. MEENA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09/09/2015. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 11/09/2015. VKNS'K@ ORDER PER SHRI T.R. MEENA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 05/09/2013 OF THE LEARNED C.I.T.(A)-II, JAIPUR FOR A .Y. 2008-09. 2. DURING THE COURSE OF HEARING, THE LD AR OF THE A SSESSEE HAS FILED AN APPLICATION FOR WITHDRAWALS OF APPEAL AND SUBMIT TED THAT THE ISSUE 2 ITA NO. 942/JP/2012 CAIRN EXPLORATION VS. ASST.DIT UNDER CONSIDERATION IN THE CAPTIONED APPEAL AROSE D UE TO ASSESSMENT ORDER PASSED BY THE LD. ASSTT. DIT (INT. TAXATION), JAIPUR DATED 19/01/2011 DENYING THE ADJUSTMENT OF BROUGHT FORWARD LOSSES WHILE COMPUTING MAT PROFIT UNDER THE PROVISIONS OF SECTIO N 115JB OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). THE LD ASSES SING OFFICER ALSO COMPUTED A DEMAND OF RS. 4,08,387/- BEING TAX ALONG WITH INTEREST OF RS. 1,51,308/-. HE FURTHER SUBMITTED THAT THE DEMAN D AMOUNTING TO RS. 4,08,387/- HAS ALREADY BEEN PAID BY THE APPELLANT. THE LD CIT(A) UPHELD THE ASSESSMENT ORDER BY PASSING THE APPELLAT E ORDER DATED 05/09/2013 WHICH HAS BEEN IMPUGNED IN THE CAPTIONED APPEAL BEFORE THE BENCH. SUBSEQUENTLY, THE APPELLANT BECAME A DOR MANT COMPANY AND HAS NO BUSINESS IN INDIA. IT IS ALSO IN THE PR OCESS OF DISSOLUTION IN THE COUNTRY OF INCORPORATION I.E. SCOTLAND. IN VIEW THEREOF, HE PRAYED TO WITHDRAW THE ABOVE APPEAL. 3. THE LEARNED D.R. HAS NO OBJECTION IF THE APPEAL H AS TO BE WITHDRAWN AFTER PERMISSION OF THE BENCH. 4. WE HAVE PERUSED THE APPLICATION FILED BY THE ASS ESSEE AND CONSIDERING THE FACT THAT THE ASSESSEE HAS PAID THE DEMAND AMOUNTING 3 ITA NO. 942/JP/2012 CAIRN EXPLORATION VS. ASST.DIT TO RS. 4,08,387, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW ITS APPEAL. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11/09/2015. SD/- SD/- YFYR DQEKJ VH-VKJ-EHUK (LALIET KUMAR) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 11/09/2015 RANJAN* VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S CAIRN EXPLORATION (NO. 6) LTD., JODHPUR. 2. IZR;FKHZ @ THE RESPONDENT- ASSTT. DIT (INTL. TAX), JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO.942/JP/2013) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR