RAVI SELLAPPAN,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -7, PUNE

This assessee’s appeal as well as Cross Objection C.O.No.15/PUN/2022 in Revenue’s appeal No.1277/PUN/2019, for A.Y. 2008-09 arise from the CIT(A), Pune- 5’s order dated 27.04.2017 passed in case no. ITBA/APL/S/5250/2017-18/1004095937(1), in proceedings under section 147 r.w.s 143(3) of the Income Tax Act, 1961. ITA No.180/PUN/2022 & C.O.No.15/PUN/2022 Ravi Sellappan, Pune Heard both the parties. Case files perused.

Learned Counsel representing assessee submits at the outset that he neither wishes to press for his cross-objection CO No.15/PUN/2022 (in Revenue's appeal nor his main cross appeal anymore subject to the condition that he is granted liberty to raise all factual as well as legal issues in the departmental appeal hereinabove in light of Peter Vaz Vs. CIT (2021) 436 ITR 616 (BOM). The Revenue is equally fair in not opposing the assessee's forging withdrawal subject to all just exceptions. Faced with this situation, we dismiss the assessee's above Cross Objection CO No 15/PUN/2015(in Revenue appeal ITA No.1277/PUN/2017) as well as his main cross appeal ITA No.180/PUN/2022 in above terms. Ordered accordingly.

This appeal C.O.No.15/PUN/2022 [in Revenue’s appeal No.1277/PUN/2017] are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.