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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.
Before: SH. SANJAY ARORA & SH. N. K. CHOUDHRY
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I. T. A. No. 12/Asr/2014 Assessment Year: 2001-02
Samarkand Oriental Carpets vs. Income Tax Officer, c/o H A Rehman & Co. Ward-3, Srinagar Vakil Villa, Kak Sarai Road, Karan Nagar, Srinagar (J & K) [PAN: AAKFS 9235P] (Appellant) (Respondent)
Appellant by : Sh. Sudhir Sehgal Respondent by: Sh. Charan Dass (D.R.) Date of Hearing: 28.03.2019 Date of Pronouncement: 28.03.2019 ORDER Per Sanjay Arora, AM: This is an Appeal by the Assessee arising out of the Order by the Commissioner of Income Tax (Appeals), Jammu (‘CIT(A)’ for short) dated 29.08.2013, dismissing the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) dated 31.03.2004 for Assessment Year (AY) 2001-02.
At the very outset, it was submitted by the ld. counsel for the assessee, Sh. Sehgal, that the assessee seeks permission to withdraw the instant appeal, placing the request for the same dated 28.03.2019 on record. Continuing further, it was explained by him that the assessee had also moved the Commissioner of Income-
2 ITA No. 12/Asr/2014 (AY 2001-02) Samarkand Oriental Carpets v. ITO Tax u/s. 264 of the Act, as is apparent from the last para (page 4) of the impugned order. The assessee has since obtained substantial relief in the said proceedings, with some adjustments, viz. disallowance u/s. 40A(3), being not pursued in view of the obtaining binding judicial precedents. The ld. Departmental Representative (DR), on being queried by the Bench in this regard, raised no objection to the assessee’s said request for withdrawal.
We have heard the parties, and perused the material on record. In view of the foregoing, we see no reason not to, acceding to the assessee’s request, permit the said withdrawal. We decide accordingly.
In the result, the assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on March 28, 2019 Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member Date: 28.03.2019 /GP/Ps. Copy of the order forwarded to: (1) The Appellant: Samarkand Oriental Carpets c/o H A Rehman & Co., Vakil Villa, Kak Sarai Road, Karan Nagar, Srinagar (Jammu & Kashmir) (2) The Respondent: Income Tax Officer, Ward-3, Srinagar (3) The CIT(Appeals), Jammu (4) The CIT concerned (5) The Sr. DR, I.T.A.T. True Copy By Order