RELIANCE TELCOM LTD, NAVI MUMBAI V. ADDL CIT-3(3), MUMBAI

ITA 1521/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75410 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 06-02-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 22-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUM BAI , , BEFORE SHRI SANJAY ARORA, AM AND SHRI VIJAY PAL RA O, JM ./ I.T.A. NO. 1521/MUM/2011 ( / ASSESSMENT YEAR: 2007-08) RELIANCE TELECOM LIMITED 1 ST FLOOR, H BLOCK, DHIRUBHAI AMBANI KNOWLEDGE CITY, KOPARKHAIRANE, NAVI MUMBAI-400 710 / VS. ADDL. CIT 3(3), AAYAKAR BHAVAN, MUMBAI ./ ./PAN/GIR NO. AAACR 2658 E ( ! /APPELLANT ) : ( '#! / RESPONDENT ) ! $ % / APPELLANT BY : SHRI JITENDRA SANGHAVI '#! $ % / RESPONDENT BY : SHRI SANJEEV JAIN & ' ( $ ) * / DATE OF HEARING : 06.02.2014 +,- $ ) * / DATE OF PRONOUNCEMENT : 06.02.2014 . / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-7, MUMBAI (CIT(A) FOR SHO RT) DATED 19.01.2011, PARTLY ALLOWING THE ASSESSEES APPEAL CONTESTING ITS ASSES SMENT U/S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMEN T YEAR (A.Y.) 2007-08 VIDE ORDER DATED 18.12.2009. 2. AT THE VERY OUTSET, I.E., WHEN THE MATTER WAS FI RST TAKEN UP FOR HEARING, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR) , THE ASSESSEES COUNSEL, THAT THE ASSESSEE WISHES TO WITHDRAW ITS APPEAL, SUBJECT OF- COURSE TO THE DEPARTMENT HAVING NOT 2 ITA NO. 1521/MUM/2011 (A.Y. 2007-08) RELIANCE TELECOM LIMITED VS. ADDL. CIT PREFERRED ANY APPEAL BEFORE THE TRIBUNAL, PLACING A LETTER (DATED 01.02.2014) TO THAT EFFECT ADDRESSED TO THE BENCH ON RECORD. TIME WAS, ACCORDI NGLY, ALLOWED TO THE LD. DEPARTMENTAL REPRESENTATIVE (DR) TO VERIFY IF THE R EVENUE IS IN APPEAL FOR THE CURRENT ASSESSMENT YEAR, SO THAT WHERE SO THE TWO APPEALS M AY BE CLUBBED, AND THE MATTER ADJOURNED TO 06.02.2014. THE LD. DR HAS NOW CONFIRM ED THAT THERE IS NO APPEAL BY THE REVENUE FOR THE CURRENT YEAR AND, FURTHER, THAT THE REVENUE HAS NO OBJECTION TO THE ASSESSEE NOT PRESSING ITS APPEAL. UNDER THE CIRCUMSTANCES, WE HAVE NO HESITATION IN A CCEPTING THE ASSESSEES REQUEST FOR WITHDRAWAL OF ITS APPEAL, WHICH IS QUA THE ADJUSTMENT OF THE BOOK PROFIT U/S.115-JB UNDER EXPLANATION 1(F) THERETO IN RESPECT OF THE AMOUNT DISALLOWED U/S.14 A, AND WHICH IS STATED TO BE ON ACCOUNT OF LOW TAX EFFECT. WE DECID E ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS UN-ADMITTED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 06, 2014 SD/- SD/- (VIJAY PAL RAO) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER & /( MUMBAI; 0' DATED : 07.02.2014 .'../ ROSHANI , SR. PS !' # $%&' (!'% / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '#! / THE RESPONDENT 3. & 1) ( ) / THE CIT(A) 4. & 1) / CIT - CONCERNED 5. 4 5 ')'67 , * 67- , & /( / DR, ITAT, MUMBAI 6. 5 89 : ( / GUARD FILE !' ) / BY ORDER, */)+ , (DY./ASSTT. REGISTRAR) , & /( / ITAT, MUMBAI