M/s. Viraj Properties,, v. Asst. Commissioner of Income-tax,,

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A PUNE BEFORE SHRI G.S. PANNU ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER ITA NO.1471/PN/2012 (ASSESSMENT YEAR : 2007-08) ASST. COMMISSIONER OF INCOME TAX CIRCLE 5 PUNE . APPELLANT VS. M/S. VIRAJ PROPERTIES 783 BHAWANI PETH PUNE 411 042. PAN : AACFV8012B . RESPONDENT C.O. NO.47/PN/2013 (ARISING OUT OF ITA NO.1471/PN/2012) (ASSESSMENT YEAR : 2007-08) M/S. VIRAJ PROPERTIES 783 BHAWANI PETH PUNE 411 042. PAN : AACFV8012B . APPELLANT VS. ASST. COMMISSIONER OF INCOME TAX CIRCLE 5 PUNE . RESPONDENT DEPARTMENT BY : MRS. M. S. VERMA ASSESSEE BY : MR. RAJENDRA AGIWAL DATE OF HEARING : 25-10-2013 DATE OF PRONOUNCEMENT : 25-10-2013 ORDER PER G. S. PANNU AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-III PUNE DATE D 28.10.2011 WHICH IN TURN HAS ARISEN FROM AN ORDER DATED 10.03.2010 PAS SED BY THE ASSESSING OFFICER U/S. 143(3) R.W.S. 147 OF THE INCOME-TAX A CT 1961 (IN SHORT THE ACT) PERTAINING TO THE ASSESSMENT YEAR 2007-08. ITA NO.1471/PN/2012 C.O. NO.47/PN/2013 A.Y. 2007-08 2. AT THE TIME OF HEARING OF THE APPEAL A COMMUNIC ATION OF THE COMMISSIONER OF INCOME TAXIII PUNE NO.PN/CIT-III /JUDL/ITAT/2013-14 DATED 22.10.2013 WAS FILED BY THE LEARNED DEPARTMEN TAL REPRESENTATIVE STATING THAT THE CAPTIONED APPEAL IS WITHDRAWN. THE LEARNED COUNSEL FOR THE ASSESSEE HAS NO OBJECTION. ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSE D. 4. IN VIEW OF THE ABOVE THE CROSS-OBJECTION PREFER RED BY THE ASSESSEE IS ALSO DISMISSED AS INFRUCTUOUS. 5. RESULTANTLY THE APPEAL OF THE REVENUE AS WELL A S OF THE CROSS-OBJECTION BY THE ASSESSEE IS DISMISSED AS ABOVE. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE TIME OF CONCLUSION OF THE H EARING ON 25 TH OCTOBER 2013. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE DATED: 25 TH OCTOBER 2013 SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-III PUNE; 4) THE CIT-III PUNE; 5) THE DR A BENCH I.T.A.T. PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T. PUNE