Assistant Commissioner of Income Tax, V. PLM Builders And Developers Pvt.Ltd.,

ITSSA 139/JAB/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0010 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 02-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 22-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P D CHOUGALE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH , JABALPUR BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER IT (SS) A NO. 139/JAB/2014 ASSESSMENT YEAR: 2004 - 05 ASSTT. C.I.T. CIRCLE, KATNI V. P.L.M. BUILDERS & DEVELO PERS P. LTD. 26, COMMERCIAL COMPLEX HOUSING BOARD COLONY, KATNI T AN /PAN : AAACP7878C (APP ELL ANT) (RESPONDENT) C.O. NO.72/JAB/2014 [IN IT (SS) A NO. 139/JAB/2014] ASSESSMENT YEAR: 2004 - 05 P.L.M. BUILDERS & DEVELOPERS P. LTD. 26, COMMERCIAL COMPLEX HO USING BOARD COLONY, KATNI V. ASSTT. C.I.T. CIRCLE, KATNI T AN /PAN : AAACP7878C ( CROSS OBJECTOR ) (RESPONDENT) DEPARTMENT BY: SHRI P. D. CHOUGALE, D.R. ASSESSEE BY: SHRI RAHUL BARDIA, C.A. DATE OF HEARING: 01 04 201 9 DATE OF PRONOUNCEMENT: 02 04 201 9 O R D E R PER A. D. JAIN, V.P . : TH IS IS REVENUES APPEAL AGAINST THE ORDER OF THE LD. C.I.T.(A) - I, JABALPUR, BOTH DATED 21/1/2014, FOR THE ASSESSMENT YEARS 2004 - 05. THE ASSESSEE HAS ALSO FILED CROSS OBJECTION IN SUPPORT OF THE ORDER OF THE LD. CIT(A). 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR NOTICE THAT THE DEPARTMENT HAS MOVED AN APPLICATION DATED 28/9/2018 FOR WITHDRAWAL IT(SS)A NO.139/JAB/2014& C.O. NO.72/JAB/2014 PAGE 2 OF 2 OF THE APPEAL IN VIEW OF CIRCULAR NO.3/2018 DATED 11/7/2018 ISSUED BY THE C.B.D.T., AS PER WHICH NO APPEAL SHOULD BE FILED BEFORE THE TRIBUNAL IN CASE THE TAX EFFECT DOES NOT EXCEED RS.20 LAKHS, WHICH WILL APPLY EVEN TO THE PENDING APPEALS. THE LD. D.R., THEREFORE, REQUESTED FOR WITHDRAWAL OF THE APPEAL, TO WHICH THE LD. A.R. OF THE ASSESSEE HAS NO OBJECTION. IN THE LIGHT OF THE REQUEST OF THE LD. D.R., THE APPEAL IS DISMISSED AS WITHDRAWN. 3. SINCE WE HAVE DISMISSED THE APPEAL OF THE REVENUE, THE CROSS OBJECTION FILED BY THE ASSESSEE, WHICH IS IN SUPPORT OF THE ORDER OF THE LD. CIT(A), HAS BECOME INFRUCTUOUS AND HENCE THE SA ME IS DISMISSED AS INFRUCTUOUS. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02 / 0 4 /201 9 . SD/ - SD/ - [ T. S. KAPOOR ] [ A. D. JAIN ] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 02 /0 4 / 201 9 JJ: 0104 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR