ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, KOLHAPUR vs. M/S. SHETKARI SAHAKARI TAMBAKHU KHAREDI VIKRI SANGH LTD,, KOLHAPUR

In the present appeal filed by the Revenue, the learned Departmental Representative for the Revenue filed letter dated 30.11.2016 from the Pr.CIT-2, Kolhapur.

In the appeal of Revenue, notice of hearing was sent to the assessee. However, none appeared on behalf of assessee on the earlier date of hearing or even on the appointed date of hearing. Hence, the appeal is being decided ex-parte the assessee.

In the present appeal, Pr.CIT-2, Kolhapur in the letter dated 30.11.2016 has stated as under:- “To The Asst. Commissioner of Income Tax, Circle – 2, Kolhapur, Sir, Sub: Departmental Appeal to the Income tax Appellate Tribunal, Pune Bench, Pune in the case of Shetakari Sahakari Tambakhu Kharedi Vikri Sangh Ltd. in Appeal No.KOP/136/12-13 for A.Y. 2008-09 – Regarding. ******** Please refer the above. 2. In this connection, I am directed to communicate that the decision of the CIT(A)-2, Kolhapur in the appellate order passed for AY 2008-09 captioned above is acceptable as on the same issue of NPA Dept. has not filed SLP in Supreme Court in the case of Deogiri Nagarti Sah. Bank Ltd. Same decision has been followed subsequently in other cases as well. Hence filing further appeal would be of not help to the Department rather infructous litigation. Hence on this issue the decision of the CIT(A) is accepted. Sd/- Income-tax Officer (Hq.)-2(2) For Pr. Commissioner of Income Tax-2, Kolhapur.”

The learned Departmental Representative for the Revenue thus, stated that the appeal be decided in line with the said letter dated 30.11.2016. Accordingly, we dismiss the appeal of Revenue as the issue has already been decided against the Revenue by the Hon’ble High Court, against which no

In the result, the appeal of Revenue is dismissed.