Shri Sanjay Saxena, Etawah V. I.T.O., Etawah

MA 22/AGR/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7634 (ITAT-AGRA)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-03-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 18-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI A. L. GEHLOT, ACCOUNTANT MEMBER M.A. NO. 22/AGRA/2011 (IN ITA NO. 392/AGRA/2009) ASST. YEAR : 2003-04 SHRI SANJAY SAXENA, VS. INCOME-TAX OFFICER, 314, KATRA SAHAB KHAN, ETAWAH. ETAWAH.(PAN:ANIPS 4246H). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANURAG SINHA, ADVOCATE RESPONDENT BY : SHRI A.K. SHARMA, JR. D.R. DATE OF HEARING : 23.03.2012 DATE OF PRONOUNCEMENT OF ORDER : 23.03.2012 ORDER PER BENCH : THE TRIBUNAL VIDE ORDER DATED 08.04.2011 ALLOWED THE DEPARTMENTAL APPEAL FOR STATISTICAL PURPOSES. THE ORDER REVEALED THAT THE ASSESSEES REQUEST FOR ADJOURNMENT WAS REJECTED. THE REVENUE RAISED TWO GR OUNDS OF APPEAL AND THE TRIBUNAL RESTORED BOTH THE GROUNDS TO THE AO FOR RE DOING THE ASSESSMENT IN THE MATTER. THE LD. COUNSEL FOR THE ASSESSEE SEEKS PERM ISSION TO WITHDRAW THE MISCELLANEOUS APPLICATION. THE M.A. OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. SINCE BOTH THE ISSUES HAVE BEEN RESTORED TO THE FIL E OF THE AO, THE AO WILL PASS FRESH ORDER WITHOUT BEING INFLUENCED WITH THE ORDER OF THE TRIBUNAL DATED M.A. NO. 22/AGRA/2011 2 08.04.2011. WITH THESE OBSERVATIONS, THE MA OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23.03.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY