Mangala Land Dev.Corp., Baroda V. The CIT,Cent.-2, Ahmedabad

ITSSA 494/AHD/2010

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 8733 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-02-2013
• Assessment Year: 2000-2001
• Appeal Filed On: 14-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD , .!' # , $% $ & BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER APPEAL(S) BY SL.NO(S) IT(SS)A NO(S) ASSESSMENT YEAR(S) APPELLANT(S) RESPONDENT(S) 1 494/AHD/2010 2000-01 MANGALA LAND DEV.CORP. 103., K.P.SHOPPING CENTRE KARELIBAUG BARODA PAN:AACFM 6241 K CIT CENTRAL CIR-2 AHMEDABAD 2. 495/AHD/2010 2001-02 -DO- -DO- 3. 496/AHD/2010 2003-04 -DO- -DO- 4. 497/AHD/2010 2004-05 -DO- -DO- 5. 498/AHD/2010 2005-06 -DO- -DO- 6. 499/AHD/2010 2006-07 -DO- -DO- ASSESSEE BY : SHRI P.M. MEHTA, A.R. REVENUE BY : SHRI D.C.PATWARI, CIT-D.R. / DATE OF HEARING : 08/02/2013 / DATE OF PRONOUNCEMENT : 11/02/2013 / O R D E R PER BENCH: THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE AR ISING FROM THE ORDER OF CIT (CENTRAL)-II AHMEDABAD DATED 26/03/20 10. THE APPELLANT HAS CHALLENGED THE IMPUGNED ORDER OF THE LD.COMMISS IONER AS PER THE GROUNDS OF APPEAL. HOWEFER, LD.ARMR. P.M. MEHTA HA S INFORMED THAT NOW THE ASSESSEE IS WILLING TO WITHDRAW THESE APPEA LS. IN THIS RESPECT, RELEVANT PORTION OF THE SUBMISSION DATED 06/02/2013 IS HEREBY REPRODUCED:- IT(SS)A NOS.494 TO 499/AHD/201 0 MANGALA LAND DEV.CORP. VS. CIT AYS - 2000-01, 2001-02, 2003-04 TO 2006-07 - 2 - ON VERIFICATION OF THE RECORD, WE FIND THAT THE A .O. HAS ALREADY PASSED THE ORDER GIVING EFFECT TO THE ORDER U/S.263. AGAINST THE SAID ORDER, THE ASSESSEE HAD FILED THE APPEAL BEFORE THE LD.CIT(A) AND THE L D.CIT(A) VIDE HIS COMMON ORDER DT. 24-10-2011 IN APPEAL NOS. CIT(A)-IV/114-B , 115-B, 116-B, 117-B, 118-B, 119-B AND 142-B/C.C.1/10-11 WHEREBY THE ADDI TIONS MADE BY THE A.O. IN THE ORDER GIVING EFFECT TO 263 ORDER ON ACCOUNT OF REMUNERATION CLAIMED BY THE ASSESSEE U/S.40(B)9V) FOR ALL THE YEARS HAVE BE EN DELETED. ON INQUIRY WITH THE REGISTRY, WE HAVE BEEN INFORMED THAT NO APPEAL IS FILED BY THE DEPARTMENT AGAINST THE ABOVE REFERRED COMMON APPELLATE ORDER O F THE LD. CIT(A) FOR ALL YEARS. IN VIEW OF THIS FACT, THE GRIEVANCE OF THE ASSESSEE AGAINST THE ORDER U/S.263 GETS RESOLVED. ON THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE, T HE ASSESSEE REQUESTS YOUR HONOURS TO ALLOW THE ASSESSEE TO WITHDRAW THE ABOVE REFERRED SIX APPEALS FIXED BEFORE YOUR HONOURS ON 8-2-2013 AGAINST THE O RDER PASSED U/S.263 AND OBLIGE. 2. IN THE LIGHT OF THE ABOVE SUBMISSIONS, LD.A R HAS PLEADED THAT SUBJECT TO THE CONDITION MENTIONED THEREIN, THESE A PPEALS MAY BE PERMITTED TO WITHDRAW. FROM THE SIDE OF THE REVENU E, LD.CIT-DR MR.D.C. PATWARI HAS EXPRESSED THAT AS LONG AS NO PR EJUDICE IS CAUSED TO THE REVENUE, THESE APPEALS CAN BE ALLOWED TO WITHDR AW. 3. HAVING HEARD BOTH THE SIDES, WE HEREBY GRAN T THE PERMISSION TO WITHDRAW THESE APPEALS AND HEREBY DISMISSED BEING WITHDRAWN. 4. IN THE RESULT, ALL THE APPEALS ARE DISMI SSED. SD/- SD /- ( . ) ( ) ! '!#! ! ( A. MOHAN ALANKAMONY ) ( MUKU L KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 11/ 02 /2013 $ .%.!, .#../ T.C. NAIR, SR. PS IT(SS)A NOS.494 TO 499/AHD/201 0 MANGALA LAND DEV.CORP. VS. CIT AYS - 2000-01, 2001-02, 2003-04 TO 2006-07 - 3 - $( ) *+, -$,. / COPY OF THE ORDER FORWARDED TO : 1. '%() / THE APPELLANT 2. *+!() / THE RESPONDENT. 3. ,-. ! !/ / CONCERNED CIT 4. ! !/ ('%) / THE CIT(CENTRAL)-II, AHMEDABAD 5. 234%! *##-., ! '% ! -., , / DR, ITAT, AHMEDABAD 6. 456 7 / GUARD FILE. $(' / BY ORDER, +!2' *# //TRUE COPY// // 0 ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION DATED 8.2.13(DICTATION PAD 3 PAGES ATTACHED) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 8.2.13 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S11.2.2013 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 11.2.2013 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER