Income Tax Appellate Tribunal - Raipur
M/S Hira Ferro Alloys Ltd, Raipur vs C.I.T-1, Raipur on 15 January, 2019
आयकर अपीलीय अधधकरण न्यायपीठ रायपुर में ।
IN THE INCOME TAX APPELLATE TRIBUNAL,
RAIPUR BENCH, RAIPUR
BEFORE SHRI ANIL CHATURVEDI, AM
AND
SHRI PARTHA SARATHI CHAUDHURY, JM
आयकर अपील सं. / ITA No.70/RPR/2015
धनधाारण वषा / Assessment Year : 2010-11
Hira Ferro Alloys Ltd.,
567B Urla Inds. Area,
Raipur
PAN : AAACH5697M
.......अपीलाथी / Appellant
बनाम / V/s.
Commissioner of Income Tax-1,
Central Revenue Bldg.,
Civil Lines, Raipur (C.G.)
......प्रत्यथी / Respondent
Assessee by : Shri R.B. Doshi
Revenue by : Shri R.P. Namdeo
सुनवाई की तारीख / Date of Hearing : 15.01.2019
घोषणा की तारीख / Date of Pronouncement : 15.01.2019
2
ITA No. 70/RPR/2015
आदेश / ORDER
PER ANIL CHATURVEDI, AM :
This appeal filed by the Revenue is emanating out of the order of Commissioner of Income Tax-1, Raipur dated 24-03-2015 passed u/s. 263(1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for the A.Y. 2010-11.
2. The assessee has filed an application dated 14-01-2019 to withdraw the appeal. The relevant extract of the application reads as under :
"1. The above mentioned appeal has been fixed for hearing before Hon'ble Bench on 15.01.2019, which has arisen o u t of order u/s. 263 dt. 24.03.2015, passed by Ld. CIT - I, Raipur.
2. As a result of order u/s 263, the original assessment o r d e r passed by the AO was set aside to the file of AO with specific directions. Thereafter, before the AO could have completed set aside assessment, search U/S 132 was conducted at the premises of assessee and therefore, pending assessments abated. This is how the set aside assessment before th e AO for the year under consideration abated and the AO has not passed any order.
3. After the search, the assessee filed application before Hon'ble Settlement Commission, Additional bench, Kolkata, for determination of its undisclosed income. Hon'ble Settlement Commission h a s also passed f in al order u/s 245D(4) dt. 13.11.2018 i n the matter. In such order, no addition has been made in respect of the two issues on which the assessment w a s set a s i d e b y L d . CIT - I , R a i p u r . Therefore, since t h e r e has not been any a d v e r s e consequence i n the case of assessee, the assessee wishes to withdraw t h e appeal filed.
4. Therefore, it is most humbly and respectfully requested that the assessee may kindly be permitted to withdraw the appeal."3 ITA No. 70/RPR/2015
3. The Ld. D.R. on the other hand submitted that the Department has no objection in case the assessee wishes to withdraw the appeal.
4. In view of the written request made by the assessee the appeal is dismissed as withdrawn.
Order pronounced in open Court after hearing of the appeal on Tuesday, the 15th day of January, 2019.
Sd/- Sd/-
PARTHA SARATHI CHAUDHURY ANIL CHATURVEDI
JUDICIAL MEMBER ACCOUNTANT MEMBER
रायपुर/ RAIPUR ; ददनांक / Dated : 15th January, 2019. RK आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to :
1. The Appellant.
2. The Respondent
3. The CIT
4. The CIT(A)
5. The DR, I.T.A.T., Raipur //True Copy// आदेशानुसार / BY ORDER, धनजी सधिव / Private Secretary आयकर अपीलीय अधधकरण, रायपुर / ITAT, Raipur.4 ITA No. 70/RPR/2015
Date 1 Draft dictated on 15.01.2019 Sr.PS/PS 2 Draft placed before author 15.01.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order