DCIT (OSD-II) C RG 7, MUMBAI V. ARUNA M. FARIA, MUMBAI

ITA 1549/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4263 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-04-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL K JHADR
• Assessee Lawyers: HIRAL D SEJPAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.1549/MUM/2012 ASSESSMENT YEAR-2009-10 DCIT(OSD - II), C.RANGE-7, ROOM NO.413, 4 TH FLOOR, AAYAKAR BHAVAN, M.K.MARG, MUMBAI-400020 / VS. ARUNA M. FARIA, 404, 4 TH FLOOR, SUNITA CHAMBERS, 71/73, BAZAR GATE, FORT, MUMBAI-400001 PAN NO.NOT MENTIONED ( / REVENUE) ( / ASSESSEE) CROSS OBJECTION NO.63/MUM/2013 (ARISING OUT OF ITA NO.1549/MUM/2012) ASSESSMENT YEAR-2009-10 ARUNA M. FARIA, 404, 4 TH FLOOR, SUNITA CHAMBERS, 71/73, BAZAR GATE, FORT, MUMBAI-400001 / VS. DCIT(OSD - II), C.RANGE-7, ROOM NO.413, 4 TH FLOOR, AAYAKAR BHAVAN, M.K.MARG, MUMBAI-400020 PAN NO. NOT MENTIONED ( / ASSESSEE) ( / REVENUE) ITA NO.1549/MUM/2012 & C.O. NO.63/MUM/2013 ARUNA M. FARIA 2 / REVENUE BY SHRI SUNIL K. JHA-DR / ASSESSEE BY MS. HIRAL D. SEJPAL / DATE OF HEARING : 04/04/2016 / DATE OF ORDER: 04/04/2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 05/12/2011 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI, WHEREAS, THE ASSESSEE HAS ALSO PREFERRED CR OSS OBJECTION AGAINST THE AFORESAID ORDER. 2. FIRST, WE SHALL TAKE UP THE APPEAL OF THE REVEN UE (ITA NO.1549/MUM/2012) ON THE GROUNDS STATED THEREI N. DURING HEARING, THE LD. DR, SHRI SUNIL K. JHA, SOUG HT PERMISSION TO WITHDRAW THE APPEAL OF THE DEPARTMENT TO WHICH THE LD. COUNSEL FOR THE ASSESSEE, MS. HIRAL D . SEJPAL, HAD NO OBJECTION. IN VIEW OF THE REQUEST, THE APPEA L OF THE REVENUE IS DISMISSED AS WITHDRAWN. 3. SO FAR AS, THE CROSS OBJECTION OF THE ASSESSEE IS CONCERNED, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT, IN VIEW OF THE WITHDRAWAL OF APPEAL BY THE DEPARTMENT, IT WILL ITA NO.1549/MUM/2012 & C.O. NO.63/MUM/2013 ARUNA M. FARIA 3 BECOME IN-FRUCTUOUS. THUS, THE CROSS OBJECTION OF T HE ASSESSEE ARE ALSO DISMISSED AS IN-FRUCTUOUS. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN, WHEREAS, THE CROSS OBJECTION OF THE ASSE SSEE IS DISMISSED BEING IN-FRUCTUOUS. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 04/04/2016. SD/- SD/- (RAJENDRA) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; # DATED : 04/04/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. %& '( / THE APPELLANT (RESPECTIVE ASSESSEE) 2. )*'( / THE RESPONDENT. 3. + + , ( %& ) / THE CIT, MUMBAI. 4. + + , / CIT(A)- , MUMBAI, 5. /01 )2 , + %& %23 , / DR, ITAT, MUMBAI 6. 1 4 5 / GUARD FILE. / BY ORDER, */& ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI ITA NO.1549/MUM/2012 & C.O. NO.63/MUM/2013 ARUNA M. FARIA 4