SHUNYATA PRODUCTIONS P. LTD, MUMBAI V. ITO WD 7(20(3), MUMBAI

ITA 1343/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83521 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 14-08-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 14-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K C PATNAIK
• Assessee Lawyers: WITHDRAWAL LETTER DT

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H MUMBAI . . , , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.1343/MUM/2011 (A.Y.2005-06) SHUNYATA PRODUCTIONS PVT. LTD., 209-211 FAMOUS CINE BUILDING, 20DR.E.MOSES ROAD, MAHALAXMI, MUMBAI 400011 PAN:AAACS 5254R (APPELLANT ) VS. ITO WARD 7(2)(3), MUMBAI. (RESPONDENT) APPELLANT BY : WITHDRAWAL LETTER DT. 1 3.8.2014 RESPONDENT BY : SHRI K.C.PATNAIK DATE OF HEARING : 21/08/2014 DATE OF PRONOUNCEMENT : 21 /08/2014 ORDER PER I.P.BANSAL, J.M, THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS D IRECTED AGAINST ORDER PASSED BY LD. CIT(A)-13, MUMBAI DATED 27-10-2010 FOR ASSESSM ENT YEAR 2005-06. THE GROUNDS OF APPEAL READ AS UNDER: 1. THE LEARNED CIT(A) HAS ERRED IN CONFIRMING PE NALTY U/S.271(1)(C) AMOUNTING TO RS.1,58,371/- 2. THE PENALTY ORDER PASSED BY THE AO AND CONFIRMED BY THE LD. CIT(A) IS ILLEGAL AND BAD IN LAW. 2. ON THE FIXED DATE OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER, VIDE LETTER DATED 13/08/2014, WHICH IS PL ACED ON OUR RECORD, THE ASSESSEE HAS MENTIONED THAT IT HAS PREFERRED NOT TO PRESS THE GROUNDS OF APPEAL AND WITHDRAW THE APPEAL. THE CONTENTS OF THE LETTER AR E AS UNDER: ITA NO.1343/MUM/2011 (A.Y.2005-06) 2 AUGUST 13, 2014 INCOME TAX APPELLATE TRIBUNAL, H BENCH, 4 TH FLOOR, OLD CGO BLDG., 101, MAHARSHI KARVE MARG, MUMBAI 400 020. REG: M/S.SHUNYATA PRODUCTIONS PRIVATE LIMITED. A.Y. 2005-06 REF: NOTICE OF HEARING IN RESPECT OF APPEAL NO.1343 /MUM-2011 DEAR SIR/MADAM, YOUR HONOR HAS BEEN PLEASED TO FIX THE HEARING IN T HE ABOVE CASE FOR TODAY. IN THIS REGARD, WE WOULD LIKE TO INFORM YOU THAT WE HAVE PR EFERRED NOT TO PRESS FOR THE GROUNDS OF APPEAL AND WITHDRAW THE APPEAL. REGARDS, YOURS TRULY, FOR SHUNYATA PRODUCTIONS PVT. LTD. SD/- SIRAJ-AYESHA SAYANI 3. IT WAS MENTIONED TO LD. DR THAT ASSESSEE HAS REQ UESTED FOR WITHDRAWAL OF THE APPEAL. LD. DR DID NOT HAVE ANY OBJECTION TO SUCH REQUEST OF THE ASSESSEE. 4. IN THIS VIEW OF THE SITUATION, AFTER CONSIDERING THE CONTENTS OF THE AFOREMENTIONED LETTER AND NO OBJECTION PLACED ON RE CORD BY THE REVENUE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AND THE SAME IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 21/08/2 014 ! ' #$ % &'( 21/08/2014 ' ) SD/- SD/- ( /SANJAY ARORA ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; &' DATED 21/08/2014 ITA NO.1343/MUM/2011 (A.Y.2005-06) 3 ! ! ! ! ' '' ' *+, *+, *+, *+, -,$+ -,$+ -,$+ -,$+ / COPY OF THE ORDER FORWARDED TO : 1. ./ / THE APPELLANT 2. *0./ / THE RESPONDENT. 3. 1 ( ) / THE CIT(A)- 4. 1 / CIT 5. ,2) *+' , , / DR, ITAT, MUMBAI 6. )3 4 / GUARD FILE. !' !' !' !' / BY ORDER, 0,+ *+ //TRUE COPY// 5 55 5 / 6 6 6 6 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . ' . ./ VM , SR. PS