P & C - SPS & CO JV,ERODE vs. ACIT, ERODE

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ITA 3244/CHNY/2016Status: DisposedITAT Chennai29 October 2018AY 2012-133 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's request to withdraw the appeal. As there was no objection from the Revenue, the Tribunal allowed the withdrawal.

What were the facts?

The assessee filed an appeal against an order related to a penalty. However, the assessee subsequently requested to withdraw the appeal. This request was made to facilitate departmental compounding of an alleged offense and avoid criminal proceedings.

What were the issues?

Whether the assessee's appeal should be dismissed as withdrawn based on their request to compound an offense.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 276(c)(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A.MOHAN ALANKAMONY

Pronounced: 29.10.2018

आदेश / O R D E R

Per A. Mohan Alankamony, AM:-

1.

This appeal by the assessee is directed against the order passed by the Ld. Commissioner of Income Tax (Appeals)-3, Coimbatore, dated 24.08.2018 in ITA Appeal No.232/15-16 for the assessment year 2012-13 passed U/s. 250(6) r.w.s. 271(1)(c) of the Act.

2.

At the outset, the Ld.AR submitted a letter before us requesting for withdrawal of the appeal filed by the assessee. The extract of the letter is reproduced herein below for reference:

ITA 3244/2016 P&C -SPS & CO-JV., ERODE APPELLANT vs ACIT,RANGE I, ERODE RESPONDENT The above appeal preferred against the impugned order passed by CIT A 3, Coimbatore which was against the penalty order passed by the A.O. u/s271 (1) (c) of the Income Tax Act, 1967, and is pending before this Hon'ble Court. When appeal alive, the department proceeded u/s 276(c)(1) of the Act and launched Criminal proceedings before Judicial Magistrate r Erode, and posted for further proceedings. Despite the facts, circumstances of the case and judicial precedents in appellant's favour, to avoid further trial before the Criminal Court. a decision to compound the alleged offence departmentally for which withdrawing cases against appeal is set mandatory, and only for this and on this score, the appeal is hereby withdrawn and hence it is mostly prayed that the appeal may be permitted to be withdrawn as aforesaid and ordered dismissed as withdrawn as above.

For P&C – SPC & CO JV

Sd/- Partner

3.

The Ld.DR did not raise any objection for withdrawing the appeal.

4.

After hearing both sides and considering the prayer of the Ld.AR and letter submitted by the assessee before us, we hereby dismiss the appeal of the assessee as withdrawn.

5.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on the 29th October, 2018 at Chennai.

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