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Income Tax Appellate Tribunal - Pune

Sandip D. Patil, L/H Of Late Dinkar A. ... vs Income-Tax Officer, Ward - 1(2),, ... on 16 January, 2023

         आयकर अपीलीय अिधकरण "बी" ायपीठ पुणेम।
       IN THE INCOME TAX APPELLATE TRIBUNAL
               PUNE BENCHES "B" :: PUNE

     BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER
                        AND
     DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER

            आयकर अपील सं. / ITA No.1683/PUN/2019
             िनधारण वष / Assessment Year : 2000-01
 Late Dinkar Arjun Patil,             The Income Tax Officer,
 L/h Sandi Dinkar Patil,          Vs Ward-1(2), Kolhapur.
 790/40, Raigad Colony,
 Panchgaon Road, Kolhapur -
 416008.

 PAN: AHIPP 8226 A
      Appellant/ Assessee                     Respondent / Revenue

 Assessee by                      Shri Pramod Shingte - AR
 Revenue by                       Shri M.G.Jasnani - DR
 Date of hearing                  11/01/2023
 Date of pronouncement            16/01/2023

                           आदेश/ ORDER

PER DR. DIPAK P. RIPOTE, AM:

This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-1, Kolhapur for the A.Y. 2000-01 dated 23.07.2019 emanating from penalty order of ITO, Ward-1(1), Kolhapur dated 30.03.2009 passed under section 271(1)(c) of the I.T.Act, 1961.

2. The appeal came up for hearing on 11th January, 2023. At the time of hearing, Shri Pramod Shingte - AR, appeared on behalf of the assessee. The ld.AR for the assessee submitted a letter vide ITA No.1683/PUN/2019 Sandip D. Patil L/h of Lae Dinkar A Patil [A] application dated 09.01.2023 in which he has submitted that he does not want to pursue the present appeal, hence, the appeal may kindly be permitted to be withdrawn. The application for withdrawal of appeal as under :

3. On the other hand, the ld.Departmental Representative(ld.DR) of the Revenue did not object to the contention of the assessee and has no objection if the appeal of assessee is dismissed as withdrawn.

4. In this case, in earlier hearing, it was observed that copy of the ld.CIT(A)'s order for A.Y. 2000-01, against which assessee has filed 2 ITA No.1683/PUN/2019 Sandip D. Patil L/h of Lae Dinkar A Patil [A] appeal was not available on record. The ld.AR was requested to file the copy of ld.CIT(A)'s order for A.Y. 2000-01. Accordingly, the case was adjourned. In the subsequent hearing, the ld.AR expressed his inability to file copy of the ld.CIT(A)'s order for A.Y. 2000-01. Now, the assessee has filed application for withdrawal of appeal. 4.1 In view of the above, we permit to withdraw the appeal of the assessee.

5. In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 16th January, 2023.

             Sd/-                                    Sd/-
       (S.S.GODARA)                         (DR. DIPAK P. RIPOTE)
     JUDICIAL MEMBER                       ACCOUNTANT MEMBER

पुणे / Pune; दनांक / Dated : 16th Jan, 2023/ SGR* आदेशक ितिलिपअ ेिषत / Copy of the Order forwarded to :

1. अपीलाथ / The Appellant.
2. यथ / The Respondent.
3. The CIT(A), concerned.
4. The Pr. CIT, concerned.
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, "बी" बच, पुणे / DR, ITAT, "A" Bench, Pune.
6. गाडफ़ाइल / Guard File.

आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुण/े ITAT, Pune.

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