Metro Engineers, Baroda v. The ACIT., Circle-3,, Baroda

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD D BENCH (BEFORE S/SHRI G.D. AGARWAL VICE-PRESIDENT AND MAHAVIR SINGH JUDICIAL MEMBER) ITA.NO.445 3446 TO 3449/AHD/2009 ASSTT.YEAR : 2001-2002 2000-2001 2002-03 TO 2004- 2005 M/S.METRO ENGINEERS 201 NIHARIKA APARTMENTS B/H. PANCHRATNA APARTMENT SUBHANPURA ROAD BARODA. VS. ACIT CIR.3 BARODA. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M.J. SHAH REVENUE BY : SHRI GAURAV BATHAN O R D E R PER BENCH: THESE FIVE APPEALS BY THE ASSESSEE AGAINST RESPECTI VE ORDERS OF THE CIT(A) BARODA ARE ARISING OUT OF THE ORDERS OF THE ASSESSING OFFICER PASSED UNDER SECTION 271(1)(C) OF THE INCOME TAX AC T 1961. 2. AT THE TIME OF HEARING BEFORE US IT IS SUBMITTE D BY THE LEARNED COUNSEL THAT ALL THESE APPEALS ARE AGAINST THE LEVY OF PENA LTY UNDER SECTION 271(1)(C) OF THE ACT. THE ASSESSEE HAS PREFERRED AN APPLICATION BEFORE THE CIT FOR WAIVER OF PENALTY. THEREFORE THE ASSESSEE DOES NOT WANT TO PURSUE THESE APPEALS. ACCORDINGLY HE REQUESTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. THE LEARNED DR HAS NO OBJECTION TO THE ABOVE REQ UEST OF THE ASSESSEES COUNSEL. WE THEREFORE PERMIT THE ASSESSEE TO WITHD RAW THE APPEALS FILED BEFORE US. 4. IN THE RESULT THE ASSESSEES APPEALS ARE DISMIS SED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 5 TH JULY 2010. SD/- SD/- (MAHAVIR SINGH) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 05-07-2010 ITA.NO.445 3446 TO 3449/AHD/2009 -2- VK* COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. BY ORDER AR ITAT AHMEDABAD