J.V. GOKAL SECURITIES P.LTD, MUMBAI V. ITO 1(2)(1), MUMBAI

ITA 1465/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93218 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 21-05-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 22-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AKHILENDRA YADAV
• Assessee Lawyers: RAJESH B SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J , BENCH MUMBAI BEFORE SHRI D. MANMOHAN , VICE PRESIDENT & SHRI SANJAY ARORA , A M ITA NO. 1465 / MUM/20 1 3 (ASSESSMENT YEAR: 20 0 4 - 0 5 ) J. V. GOKAL SECURITIES PVT. LTD., 1 ST FLOOR, SADHANA HOUSE, 570, P.B.MARG, BEHIN D MAHINDRA TOWERS, WORLI, MUMBAI - 400018 VS. ITO - 1(2)(1), MUMBAI PAN NO. : AAACJ 8885 B ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI RAJESH B.SHAH REVENUE BY : SHRI AKHILENDRA YADAV DATE OF HEARING : 21/05/ 2015 DATE OF PRONOUNCEMENT : 17/07 / 2 015 O R D E R P ER S ANJAY ARORA, A.M . : TH IS IS AN A PPEAL BY THE A SSESSEE AGITAT ING THE O RDER DATED 25 - 10 - 2012 BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 7, MUMBAI ( CIT(A) FOR SHORT ) , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTIN G ITS ASSESSMENT U/S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2004 - 05 VIDE ORDER DATED 18.12.2009 . 2. AT THE VERY OUTSET, IT WAS OBSERVED BY THE BENCH THAT THERE WERE TWO APPEALS LISTED ON THE BOARD , I . E. , BY THE ASSESSEE FOR THE SAME ASSESSMENT YEAR , BEING A.Y.2004 - 05, THE OTHER BEING IN ITA NO.1454/MUM/2013, BOTH FILED ON 22 - 2 - 2013. THE L D . AUTHORISED REPRESENTATIVE (AR), ON BEING ENQUIRED IN THE MATTER , CONCEDED TO THE ASSESSEE HAVING INADVERTENTL Y FILED TWO APPEALS AGAINST ITS ASSESSMENT . THE INSTANT APPEAL, BEING LA T TER , HE CONCEDED, WAS THUS NOT VALID I N L AW ; THE ASSESSEE HAVING ALREADY PREFERRED AN APPEAL U/S. 253 OF THE ACT BEFORE THE TRIBUNAL CHALLENGING ITS ASSESSMENT FOR A.Y.2004 - 05 , I.E. , I N ITA NO. 1454/MUM/2013. T HE ASSESSEE HAD, IN FACT, HE FURTHER INFORMED, ALREADY MOVED AN APPLICATION WITH THE HONBLE ITA NO. 1465 / 1 3 (A.Y. 2004 - 05) J. V. GOKAL SECURITIES PVT. LTD. VS. ITO 2 PRESIDENT, ITAT, TOWARD THE SAME, I.E. , FOR WITHDRAWING THE INSTANT APPEAL FOR THE SAID REASON , WHICH IS ON RECORD . IT S TANDS ALSO CONFIRM ED BY US THAT BOTH THE APPEAL S ARE AGAINST THE IMPUGNED ASSESSMENT A ND ASSAIL THE SAME APPELLATE ORDER. THE INSTANT APPEAL IS ACCORDINGLY DISMISSED AS NOT MAINTAINABLE. WE DECIDE ACCORDINGLY. 3 . I N THE RESULT, THE ASSESSEE S APPEAL IS DISMISSED AS NOT MAI NTAINABLE . ORDER PRONOUNCED IN THE OPEN COURT ON JULY 17 , 201 5 SD/ - ( D.M ANMOHAN ) S D/ - ( SANJAY ARORA ) V ICE PRESIDENT A CCOUNTANT MEMBER MUMBAI; DATED 17 / 07 / 201 5 P KM , . / PS COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REG ISTRAR) ITAT, MUMBA I 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. / /TR UE COP Y//