M. M. CORPORATION, MUMBAI V. INCOME TAX OFFICER 25(3)(1), MUMBAI

CO 80/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8225 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 26 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER C.O NO. 80/MUM/2019 (ARISING OUT OF ITA NO. 2043/MUM/2018) ASSESSMENT YEARS : 2012-13 M/S. M.M. CORPORATION 402/B, WEST VIEW, BAJAJ ROAD, VILE PARLE (WEST), MUMBAI. / VS. ITO 25(3)(1) ROOM NO. 603, C-10, 6 TH FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI. ./ ./ PAN/GIR NO. : AAAFM1898E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SMT. JOTHILAKSHMI NAYAK / DATE OF HEARING 20.01.2020 !'# / DATE OF PRONOUNCEMENT 20.01.2020 / O R D E R PER SAKTIJIT DEY, JM: THE AFORESAID CROSS OBJECTION FILED BY THE ASSESSE E ARISES OUT OF ORDER DATED 04.01.2018 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 37, MUMBAI, PERTAINING TO ASSESSMENT YEAR 2012-13. CO. 80 / MUM/2020 M/S. M.M CORPORATION, MUMBAI. - 2 - 2. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIV E AND PERUSED MATERIAL ON RECORD. WHEN THE AFORESAID MATTER WAS CALLED FOR HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE TO REPRESENT THE CASE. HOWEVER, THE LEARN ED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE, G.C. KAK A & CO., ADVOCATES & TAX CONSULTANTS HAS FILED LETTER DATED 02.01.2020, SEEKING WITHDRAWAL OF THE CROSS OBJECTI ON. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED, CORRESPONDING APPEAL FILED BY THE REVENUE, IN THE MEANWHILE, HAS BEEN WITHDRAWN / DISMISSED DUE TO LO W TAX EFFECT VIDE ORDER DATED 20.08.2019 PASSED IN ITA N O. 2043/MUM/2018. THUS, LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION AGAINST WITHDRAWAL OF THE CROSS OBJECTION. IN VIEW OF THE AFORESAID, THE PRE SENT CROSS OBJECTION HAS BECOME INFRUCTUOUS, HENCE, DISMISSED. 3. IN THE RESULT, CROSS OBJECTION IS DISMISSED. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 2 0.01.2020 SD/- SD/- (G.MANJUNATHA) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 20.01.2020