EDAKKATTUKUDY MATHAI JOHNY,KOTHAMANGALAM vs. THE ACIT, CIRCLE-1(1), ERNAKULAM , ERNAKULAM
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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Sanjay Arora & Dr. Seethalakshmi
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN
Before Shri Sanjay Arora, Accountant Member and Dr. Seethalakshmi, Judicial Member
ITA No. 560/Coch/2022 (Assessment Year: 2009-10)
Edakkattukudy Mathai Johny Income Tax Officer Edakkattukudy House, A.M. Road Ward - 2, Kochi Vs. Kothamangalam 686691 [PAN:ACIPJ9080H] (Appellant) (Respondent)
Appellant by: Shri Mathew Joseph, CA Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R.
Date of Hearing: 20.12.2023 Date of Pronouncement: 20.12.2023
O R D E R Per: Sanjay Arora, AM This is an appeal by the Assessee directed against the order dated 12.3.2022 by the Commissioner of Income Tax (Appeals), Income Tax Department (‘(CIT(A)’ for short), partly allowing the assessee’s appeal contesting the processing of his income under section 143(1) of Income Tax Act, 1961 (‘the Act’) vide Intimation dated 16.07.2010 for Assessment Year (AY) 2009-10.
At the very outset, it submitted by Shri Joseph, the learned counsel for the assessee, that the assessee does not prefer to prosecute his instant appeal and, accordingly, prays for being permitted to withdraw the same. Smt. Devi, the ld. Sr. DR, on being questioned in the matter by us, did not raise any objection thereto.
We have heard the parties, and perused the material on record. The issue agitated by the assessee, as a perusal of the impugned order shows, is the non-
ITA No. 560/Coch/2022 (AY : 2009-10) Edakkattukudy Mathai Johny v. ITO allowance of loss for 6,09,015 arising on account of share trading, i.e., against business income, which the ld. CIT(A) has found as inadmissible both in terms of s. 71(3) and s. 73 of the Act. We note that the assessee’s return for the relevant year has also been filed belatedly on 16.10.2009, i.e., as against the due date of 31.7.2009. We have, under the circumstances, no hesitation in, acceding to the assessee’s prayer, permit withdrawal of his instant appeal.
In the result, the assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (Dr. Seethalakshmi) (Sanjay Arora) Judicial Member Accountant Member Cochin, Dated: December 20, 2023 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order
Assistant Registrar ITAT, Cochin
