M/s. Red Rose School, Lucknow V. ITO, Lucknow

MA 7/LKW/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5031 (ITAT-LUCKNOW)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-09-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 18-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRAD R
• Assessee Lawyers: H P SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, LUCKNOW BENCH, LUCKNOW. BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT AND SHRI B.R.KAUSHIK, ACCOUNTANT MEMBER M.A.NO.7(LUC.)/2010 (IN I.T.A.NO.353(LUC.)/2007) A.Y.:2003-04 M/S. RED ROSE SCHOOL, VS. THE ITO, V(I), C-212, RAJAJIPURAM, LUCKNOW. LUCKNOW. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI H.P.SINGH, ADVOCATE RESPONDENT BY : SHRI ALOK MITRA,D.R. O R D E R PER H.L.KARWA, VICE PRESIDENT THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE ARI SES OUT OF THE ORDER OF THE TRIBUNAL DATED 18.1.2008 PASSED IN ITA NO.35 3(LUC.)/2007 RELATING TO THE ASSESSMENT YEAR 2003-04. 2. SHRI H.P. SINGH, ADVOCATE, LD. COUNSEL FOR THE A SSESSEE VIDE HIS APPLICATION DATED 24.9.2010 HAS STATED AS UNDER : BEFORE THE INCOME TAX APPELLATE TRIBUNAL, LUCKN OW M.A.NO.07/L/10 M/S. RED ROSE SCHOOL VS. ITO HONOURABLE MEMBER, THE ABOVE APPLICATION WAS MOVED AGAINST THE TRIBU NALS ORDER RESTORING THE MATTER TO THE FILE OF THE AO. THE AO HAS SINCE MADE THE ASSESSMENT ORDER WHICH WHICH HAS ALSO GONE THROUGH CIT(A). THE 2 M.A. HAS THUS ONLY ACADEMIC VALUE NOW. THE SAME IS THEREFORE, WITHDRAWN. PERMISSION FOR THE SAME MAY KINDLY BE G RANTED. THANKING YOU, YOURS TRULY, SD. H.P.SINGH DT. 24.9.10. ADVOCATE. 3. IN VIEW OF THE ABOVE APPLICATION, WE GRANT PERMI SSION TO THE ASSESSEE TO WITHDRAW THE MISCELLANEOUS APPLICATION. ACCORDI NGLY, THE MISCELLANEOUS APPLICATION IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 24.9.20 10. SD. SD. (B.R.KAUSHIK) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT SEPTEMBER 24, 2010. COPY TO THE : 1. APPLICANT 2. RESPONDENT 3. CIT(A) (4) CIT 5.DR. A.R.,ITAT, LUCKNOW. SRIVASTAVA.