PRECISION SHEARS & KNIVES P. LTD, MUMBAI V. ITO WD 1(2)(4), MUMBAI

ITA 1442/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2229 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-04-2010
• Assessment Year: 2000-2001
• Appeal Filed On: 03-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARUN BHARAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI T.R. SOOD, (AM) ITA NO.1442/MUM/2009 ASSESSMENT YEAR : 2000-01 PRECISION SHEARS & KNIVES PVT. LTD. 2/C, LAWRENCE & MAYO HOUSE 276, D.N. ROAD, FORT MUMBAI-400 001. ..( APPELLANT ) P.A. NO. (AACCP 2922 M) VS. INCOME TAX OFFICER WARD 1(2)-4 MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI AR UN BHARAT O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 24.12.2007 PASSED BY THE LD. CIT(A) FOR T HE ASSESSMENT YEAR 2000-01. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F THE ASSESSEE. HOWEVER, THE ASSESSEE VIDE LETTER DATED 4.3.2010, SUBMITS THAT HE WANTS TO WITHDRAW THE APPEAL, WHICH WAS NOT OBJECTED TO BY THE LD. DEPARTMENTAL REPRESENTATIVE. ITA NO.1442/M/09 A.Y:00-01 2 3. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE A SSESSEE VIDE LETTER DATED 4.3.2010 INTERALIA STATED AS UNDER : WITH REFERENCE TO THE ABOVE MENTIONED APPEAL FOR GRANT OF STAY ON DEMAND, WE HAVE TO INFORM YOU THAT THE ORIGINAL ORDER WAS SET ASIDE BY THE INCOME TAX APPE LLATE TRIBUNAL, C BENCH, MUMBAI ON 14.10.2009 AND MATTER IS REFERRED BACK TO THE ASSESSING OFFICER. PLEASE FIND ENCLOSED HEREWITH THE PHOTOCOPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, MUMB AI DT.14.10.2009. THE MATTER IS SET ASIDE AND HENCE THERE IS NO DEMAN D. WE HEREBY REQUEST YOU TO ALLOW US TO WITHDRAW THE A PPEAL AND OBLIGE. THIS BEING SO, AND IN THE ABSENCE OF ANY CONTRARY MATERI AL PLACED ON RECORD BY THE REVENUE, WE ALLOW THE WITHDRAWAL OF AP PEAL AND ACCORDINGLY THE APPEAL FILED BY THE ASSESSEE IS TREATED AS DISMISSED BEING WITHDRAWN. 4. IN THE RESULT, ASSESSEE'S APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7.5.2010. SD/- SD/- (T.R. SOOD) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 7.5.2010. JV. ITA NO.1442/M/09 A.Y:00-01 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 26.4.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 27.4.10 SR.PS/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 7.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 11.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER