M/s. Rolcon Engineering Co.Ltd., Anand V. The Dy.CIT.,Anand Circle, Anand

ITSSA 473/AHD/2010

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 9216 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 16-07-2010
• Assessment Year: misc
• Appeal Filed On: 05-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K M MAHESH
• Assessee Lawyers: S N DIVATIA
• Keywords: Principle of natural justice

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE S/SHRI MUKUL SHRAWAT, JM AND D.C.AGRAWAL, AM M/S ROLCON ENGINEERING CO. LTD., ANAND SOJITRA ROAD, V.V.NAGAR, ANAND-388120. VS. DY. C.I.T., ANAND CIRCLE, ANAND. (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI S. N. DIVATIA, AR. REVENUE BY:- SHRI K. M. MAHESH, SR.DR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE ASSESSEE RAISING FO LLOWING GROUNDS :- (1) THE ORDER PASSED U/S 250 ON 11.2.2010 FOR THE BLOCK PERIOD BY CIT(A)-IV, BARODA, UPHOLDING THE PENALTY OF RS.3,32 ,000/- LEVIED U/S 158BFA(2) BY AO IS WHOLLY ILLEGAL, UNLAWFUL AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE. (2) THE LD. CIT(A) HAS GRIEVOUSLY ERRED IN LAW AND ON F ACTS IN CONFIRMING THE PENALTY LEVIED U/S 158BFA BY AO OF R S.3,32,000/- 2. AT THE OUTSET IT MAY BE MENTIONED THAT THE LD. A R VIDE APPLICATION DATED 2.6.2010 PLACED ON RECORD, SUBMITTED THAT THE ASSESSEE WANTS TO WITHDRAW THE APPEAL. THEREFORE, PERMISSION FOR WITH DRAWAL OF THE APPEAL BE GRANTED. 3. THE LD. DR HAS NO OBJECTION. IT(SS)A NO.473/AHD/2010 BLOCK PERIOD 1.4.96 TO 11.2.2003 2 4. AFTER HEARING THE BOTH THE PARTIES, WE ACCORD P ERMISSION TO WITHDRAW THE APPEAL. ACCORDINGLY, THE APPEAL IS DIS MISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN. ORDER WAS PRONOUNCED IN OPEN COURT ON 16/7/2010 SD/- SD/- (MUKUL SHRAWAT) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, DATED : 16/7/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD