M/s Channapatna Taluk Agricultural produce co-operative Marketing Society Ltd.,, Channapatna v. ITO, Mandya

ITA 1197/BANG/2009 | 2004-2005
Pronouncement Date: 31-03-2010 | Result: Dismissed

Appeal Details

RSA Number 119721114 RSA 2009
Bench Bangalore
Appeal Number ITA 1197/BANG/2009
Duration Of Justice 3 month(s) 16 day(s)
Appellant M/s Channapatna Taluk Agricultural produce co-operative Marketing Society Ltd.,, Channapatna
Respondent ITO, Mandya
Appeal Type Income Tax Appeal
Pronouncement Date 31-03-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-03-2010
Assessment Year 2004-2005
Appeal Filed On 15-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K. JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO.1197/BANG/2009 ASSESSMENT YEAR : 2004-05 M/S. CHANNAPATNA TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD. CHANNAPATNA TOWN BANGALORE RURAL DISTRICT. : APPELLANT VS. THE INCOME TAX OFFICER WARD-3 MANDYA. : RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI JASON P. BOAZ CIT(DR) & SMT. JACINTA ZIMIK VASHAI ADDL. CIT(DR) O R D E R PER A. MOHAN ALANKAMONY ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE FOR THE ASSES SMENT YEAR 2004- 05. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING. HOWEVER ASSESSEE HAS FILED A LETTER DATED 22.3.201 0 SEEKING WITHDRAWAL OF ITA NO.1197/BANG/09 PAGE 2 OF 3 THE APPEAL. THE SUBMISSION OF THE ASSESSEE IN ITS L ETTER DATED 22.3.2010 IS HEREBY REPRODUCED: AFTER RECEIPT OF FORM OF COMMUNICATION OF DEFECTS IN APPEAL DATED 10.3.2010 IT IS ASCERTAINED FROM THE OFFICE OF THE INCOME TAX OFFICER MANDYA THAT THE APPEAL FILED BEFORE TH E CIT(A) MYSORE IS STILL PENDING DISPOSAL. SINCE APPEALS FOR LATER YEARS HAVE BEEN DISPOSED OF F BY THE CIT(A) IT WAS PRESUMED THAT THE APPEAL FOR THE ASS T. YEAR 2004- 05 WAS ALSO DISPOSED OFF AND THE APPELLANT MUST HAV E MISPLACED THE ORDER OF CIT(A) AND APPEAL WAS FILED ON SAME GR OUNDS AS RAISED FOR THE YEARS 2005-06 AND 2006-07. THE APPEAL IN ITA NO.1197/B/09 FOR THE ASST. YEAR 2 004-05 MAY PLEASE BE TREATED AS WITHDRAWN. FURTHER APPEAL IF REQUIRED WILL BE FILED AFTER RECEIPT OF ORDER OF FIRST APPELLATE AUTHORITY. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIA L ON RECORD. IN VIEW OF THE ABOVE FACTS SINCE ASSESSEE SEEKS TO WI THDRAW THE APPEAL WE DISMISS THE APPEAL AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF MARCH 2010. SD/- SD/- ( GEORGE GEORGE K. ) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE DATED THE 31 ST MARCH 2010. DS/- ITA NO.1197/BANG/09 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. C IT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT BANGALORE.