SHRI. BIREN P. GANDHI, MUMBAI V. ITO-25(1)(4), MUMBAI

ITA 1122/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7890 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 18-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRA BHAT JHA; S S RANA PEEYUSH JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI R.S.PADVEKAR, JM ITA NO.1122/MUM/2009 : ASST.YEAR 2005-2006 SHRI BIREN P.GANDHI C-201, RAJESH NAGAR SAIBABA MANDIR ROAD BORIVALI (WEST) MUMBAI 400 092. PA NO.AABPG5933F. VS. THE INCOME TAX OFFICER WARD 25(1)(4) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI HIRO RAI RESPONDENT BY : S/SHRI S.S.RANA, PEEYUSH JAIN & PRA BHAT JHA O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 13.1.2009 I N RELATION TO THE ASSESSMENT YEAR 2005-2006. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED CO UNSEL FOR THE ASSESSEE PLACED AN APPLICATION DATED 9.2.2010 SEEKING PERMISSION TO WITHDRAW THE APPEAL FILED BY THE ASSESSEE. THE LEARNED DEPARTMENTAL REPRESENTATI VE DID NOT RAISE ANY OBJECTION. UNDER THESE CIRCUMSTANCES WE PERMIT THE ASSESSEE TO WITHDRAW ITS APPEAL. 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON THIS 9 TH DAY OF FEBRUARY, 2010. SD/- SD/- ( R.S.PADVEKAR ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT ME MBER MUMBAI : 9 TH FEBRUARY, 2010. DEVDAS* ITA NO.1122/MUM/2009 SHRI BIREN P.GANDHI. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) XXV, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI. ITA NO.1122/MUM/2009 SHRI BIREN P.GANDHI. 3 DATE INITIAL 1. DRAFT DICTATED ON 09.02.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 09.02.2010 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 9. DATE OF DISPATCH OF ORDER.