DCIT, Kannur V. M/s. Dhanalakshmi Weaving Works, Kannur

MA 20/COCH/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7201 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 25-11-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 08-03-2010
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND SANJAY AROR A, AM M.P. NOS. 20 & 21/COCH/2010 (I.T.A NOS. 801 & 802/COCH/2008) ASSESSMENT YEARS : 2003-04 & 2004-05 THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), KANNUR. VS. DHANALAKSHMI WEAVING WORKS, P.O. KAKKAD, KANNUR-670 005. [PAN: AABFD 7325E] (REVENUE- APPELLANT) (REVENUE-RESPONDENT) REVENUE BY MS. S. VIJAYAPRABHA, JR.DR (WITHDRAWAL FILED BY DEP TT.) ASSESSEE BY MS. VANDANA MENON, ADV.-AR DATE OF HEARING 25/11/2011 DATE OF PRONOUNCEMENT 25/11/2011 O R D E R PER SANJAY ARORA, AM: THESE ARE A SET OF TWO MISCELLANEOUS PETITIONS BY THE REVENUE U/S. 254 (2) OF THE INCOME-TAX ACT, 1961 IN THE ASSESSEES CASE FOR THE ASSESSMENT YEARS (AYS) 2003-04 AND 2004-05. 2. THE REVENUE HAS, VIDE ITS LETTER DATED 01-07-201 1, CONVEYED ITS INTENTION OF NOT PURSUING ITS SAID APPLICATIONS, REQUESTING THAT THE SAME MAY BE ALLOWED TO BE WITHDRAWN. THIS IS IN VIEW OF, AS STATED, THE REVENUE HAVING S INCE SECURED A FAVOURABLE DECISION FROM THE HONBLE JURISDICTIONAL HIGH COURT IN RESPECT OF ITS IMPUGNED ASSESSMENTS. THE LD. AR DID NOT RAISE ANY OBJECTION TO THE SAID REQUEST BY THE REVENUE. UNDER THE CIRCUMSTANCES, WE HAVE NO HESITATION IN ACCEPTING THE REVENUES RE QUEST FOR WITHDRAWAL OF ITS MISCELLANEOUS APPLICATIONS. M.P. NOS. 20 & 21/COCH/2010 DY. CIT, KANNUR V. DHANALAKSHMI WORKS 2 3. IN THE RESULT, THE MISCELLANEOUS PETITIONS BY TH E REVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 25/11/2011 SD/- SD/- (N.R.S.GANESAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED: NOVEMBER 25, 2011 GJ COPY TO: 1. M/S. DHANALAKSHMI WEAVING WORKS, P.O. KAKKAD, KA NNUR-670 005. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1( 1), KANNUR 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-III, KO CHI. 4. THE COMMISSIONER OF INCOME-TAX, KANNUR. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE .