GLOBAL HOSPITALITY LICENSING SARL, MUMBAI V. DCIT (IT) RANGE 2 (3)(2), MUMBAI

ITA 1137/MUM/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8274 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 27-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI PROMOD KUMAR, VICE PRESIDENT AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA no.1137/Mum./2019 (Assessment Year : 2009–10) Global Hospitality Licensing SARL 303–A, 304, Fulcrum, B–Wing Hiranandani Business Park, Sahar Road Andheri (East), Mumbai 400 099 PAN – AADCG5657K ................ Appellant v/s Dy. Commissioner of Income Tax Range–2(3)(2), Mumbai ................ Respondent Assessee by : Shri Paras Salva a/w Shri Harsh Shah Revenue by : Shri Milind Chavan Date of Hearing – 31.05.2022 Date of Order – 12/07/2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been filed by the assessee challenging the impugned order dated 31/12/2018, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–56, Mumbai, [“learned CIT(A)”], for the assessment year 2009–10. Global Hospitality Licensing SARL ITA No.1137/Mum./2019 Page | 2 2. At the outset, the learned A.R. appearing for the assessee submitted that the assessee, vide letter dated 30/05/2022, filed before the Tribunal has prayed for withdrawal of the present appeal for the assessment year 2009–10. The letter dated 30/05/2022, is placed on record and the same reads as under:– “The appellant has filed the captioned appeal against the order dated December 31, 2018, passed by the Commissioner of Income Tax (Appeals) [„CIT(A)‟] Considering no order giving effect to the CIT(A) order has been passed till date, the assessment proceedings have abated. Therefore, the Appellant wishes to withdraw the captioned appeal, and would take such remedial measures available in law on account of such abatement. The withdrawal of the appeal should not be considered as a concession on part of the Appellant in relation to merits of the issues raised in the captioned appeal. Kindly taken the above on record and oblige.” 3. In view of the above, we accept the request of the assessee for withdrawal of its appeal for the assessment year 2009–10. 4. In the result, appeal by the assessee is dismissed as withdrawn. Order pronounced in the open court on 12/07/2022 Sd/- PRAMOD KUMAR VICE PRESIDENT Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 12/07/2022 Global Hospitality Licensing SARL ITA No.1137/Mum./2019 Page | 3 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai