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Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV & SHRI PRADIP KUMAR KEDIA
सुनवाई क� तार�ख / Date of 29/10/2021 Hearing घोषणा क� तार�ख /Date of 08/11/2021 Pronouncement आदेश/O R D E R PER PRADIP KUMAR KEDIA - AM:
The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-5, Ahmedabad (‘CIT(A)’ in short), dated 13.08.2018 arising in the assessment order dated 29.12.2017 passed by the Assessing Officer (AO) under s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act) concerning AY 2010-11.
The grounds of appeal raised by assessee read hereunder:
“1. The learned CIT Appeal has erred in law by not accepting the legal ground that the notice issued by u/s 148 was void-ab-initio and concluded assessment under section 147 was without having proper jurisdiction.
2. The learned CIT Appeal has erred in facts and law by not considering the fact that notice u/s 148 was issued by AO merely on the base of audit objection & not by applying her own mind.
3. The learned CIT Appeal has erred in facts and law by not accepting the fact that interest on partners' capital was forcefully foisted by AO and disallowance of same amount from the total exemption claimed by appellate firm under section 10B was bad in law.”
When the matter was called for hearing, the learned counsel for the assessee, at the time of making reference to grounds of appeal, inter alia pointed out that as per the order giving appeal effect dated 15.11.2018 pursuant to the first appellate order, has determined the revised total income at Nil as against the total income originally determined under s.143(3) of the Act dated 30.11.2011 also at Nil. On enquiry, the learned counsel submitted that the assessee does not appear to be prejudiced by the order of the CIT(A) per se at this stage. Thus, he is willing to withdraw the appeal at this stage subject to all remedies that be made available, if any prejudice is discovered at a later stage. The learned DR for the Revenue agreed with the proposed withdrawal.
Having regard to the fair play shown on behalf of the assessee by withdrawing the appeal owing to lack of impact on taxation as perceived, the appeal is dismissed without adjudication on merits.
It shall be open to the assessee to avail all remedies and liberties as available under law at a later stage, if so required.
In the result, the captioned appeal of the assessee is dismissed as withdrawn.
This Order pronounced on 08/11/2021
Sd/- Sd/- (RAJPAL YADAV) (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER VICE PRESIDENT Ahmedabad: Dated 08/11/2021 TRUE COPY S. K. SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद । 1.Date of dictation on 29.10.2021 2.Date on which the typed draft is placed before the Dictating Member 29.10.2021 3.Date on which the approved draft comes to the Sr.P.S./P.S. 4.Date on which the fair order is placed before the Dictating Member for pronouncement 5.Date on which the fair order comes back to the Sr.P.S./P.S 6.Date on which the file goes to the Bench Clerk 15.11.2021 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………