WESTERN ENGINEERING WORKS TAX, Mumbai V. Jt. CIT RANGE 16 (1), Mumbai

ITA 1447/MUM/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9089 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 10-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Deemed dividend

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘G‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No.1447/Mum/2019 (Asse ssment Year :2011-12) M/s. Western Engineering Works C/o. M/s. N.S. Virani & Co., 28, Bhanushali Building 35, Mint Road Mumbai – 400 001 Vs. Jt. Commissioner of Income Tax Range 16(1) Mumbai PAN/GIR No.AAAFW3450E (Appellant) .. (Respondent) Assessee by Shri N.S. Virani Revenue by Ms. Kanupriya Damor Date of Hearing 08/08/2022 Date of Pronouncement 08/08/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.1447/Mum/2019 for A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-59, Mumbai in appeal No.CIT(A)-59/IT-07/[IT-345 (Apl.30)/2017-18 dated 25/01/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/01/2014 by the ld. Jt. Commissioner of Income Tax-Range 16(1), Mumbai (hereinafter referred to as ld. AO). ITA No.1447/Mum/2019 M/s. Western Engineering Work 2 2. At the time of hearing, the ld. AR stated that he would like to withdraw the appeal preferred by the assessee. To this effect he filed a letter dated 20/07/2022 which is reproduced hereinbelow:- “Under the instructions of our above clients, we have the honour to address you as under. The appeal referred to above is fixed for hearing on 8th August, 2022 before G Bench, Mumbai. The order passed by the Commissioner of Income tax (Appeals-59) partly allowed the appeal of our client which included one ground pursuant to which the addition made in respect of deemed dividend was fully deleted. Hence, there is no grievance in respect of the said ground. However, the issue contested before the Tribunal is covered by the direction of the CIT appeals and will be accordingly pursued with lower authorities as advised to the Assessee Client We are, therefore, directed to request you to allow the Appellant client to withdraw the appeal before you as advised to them. We trust you will allow the Assessee to withdraw the appeal and you may accordingly pass appropriate orders.” 3. In view of the above, the appeal of the assessee is hereby dismissed as withdrawn. 4. In the result, appeal of the assessee is hereby dismissed as withdrawn. Order pronounced in open Court on 08/08/2022. Sd/- (RAHUL CHAUDHARY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 08/08/2022 KARUNA, sr.ps ITA No.1447/Mum/2019 M/s. Western Engineering Work 3 Copy of the Order forwarded to : BY ORDER, (Sr. Private Secretary / Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//