GRISHMA CONSTRUCTIONS & PVT LTD, MUMBAI V. D.C.I.T. CIRCLE 9(1), MUMBAI

ITA 1795/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 78963 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2014
• Appeal Filed By: Assessee
• Bench Allotted: G
• Next Hearing Date: 21-05-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 04-03-2011
• Court: TRIBUNAL
• Department Lawyers: R K SAHU
• Keywords: Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL G, BENC H MUMBAI , . . , ! BEFORE SHRI VIJAY PAL RAO, JM & SHRI B.R.BASKARAN, AM ./ ITA NO.1795/MUM/2011 ( ' ' ' ' / ASSESSMENT YEAR :2007-08) GRISHMA CONSTRUCTIONS & TRADING PVT. LTD., G-1, GROUND FLOOR, NIMALS NEST, VAYUDEVTA MANDIR COMPLEX, DEVIDAS ROAD, BORIVILI (W), MUMBAI - 400 103 VS. DCIT, CIRCLE-9(1), MUMBAI-20 # ! ./ $ ./ PAN/GIR NO. : AAACG 1277 C ( #% / APPELLANT ) .. ( &'#% / RESPONDENT ) () * ** * + + + + /ASSESSEE BY : MR.SANJAY PARIKH * ** * + + + + /REVENUE BY : MR. R.K.SAHU * ),! / DATE OF HEARING : 21 ST MAY, 2014 -.' * ),! / DATE OF PRONOUNCEMENT : 21 ST MAY, 2014 / / / / / O R D E R PER B.R.BASKARAN (A.M.) : THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 11-1-2011, PASSED BY THE LEARNED CIT(A)-19, MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 2007-08. 2 . LEARNED COUNSEL APPEARING FOR THE ASSESSEE SU BMITTED THAT THE LEARNED CIT(A) HAD DISMISSED THE APPEAL IN LIMINE FOR NON-PAYMENT OF TAX. AGAINST THE SAID ORDER PASSED BY THE LEARNED CIT(A) , THE ASSESSEE HAS FILED THIS IMPUGNED APPEAL. LEARNED COUNSEL FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED A FRESH APPEAL BEFORE THE LEARNE D CIT(A) AFTER PAYMENT OF TAX DUE AS PER THE RETURN OF INCOME AND ALSO FILED APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPEAL BEFOR E THE LEARNED CIT(A). HE ITA NO.1795/11 2 SUBMITTED THAT LEARNED CIT(A) HAS CONDONED THE DELA Y IN FILING THE APPEAL AND ALSO ADMITTED THE SAME. ACCORDINGLY, LEARNED CO UNSEL SUBMITTED THAT THE PRESENT APPEAL HAS BECOME INFRUCTUOUS. ACCORDIN GLY, HE REQUESTED THAT THE BENCH MAY BE PLEASED TO ALLOW THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL. 3 . WE HEARD LEARNED DR AND HE DID NOT OBJECT TO THE PLEA MADE BY THE ASSESSEE . 4 . HAVING REGARD TO THE SUBMISSIONS MADE BY THE LEAR NED AR, WE ALLOW THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL. 5 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN ( )0 () * !( * ) 12 ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST MAY, 2014. / * -.' ! 3 40 21 ST MAY,2014 . * 5 SD/- SD/- ( ) (VIJAY PAL RAO) ( . . ) (B.R.BASKARAN ) / JUDICIAL MEMBER ! ! ! ! / ACCOUNTANT MEMBER MUMBAI ; 4 DATED 21/05/2014 &. . /PKM , . / PS / / / / * ** * &) &) &) &) 7 ') 7 ') 7 ') 7 ') / COPY OF THE ORDER FORWARDED TO : / / / / / BY ORDER, 8 88 8 / 1 1 1 1 ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. #% / THE APPELLANT 2. &'#% / THE RESPONDENT. 3. 9 ( ) / THE CIT(A), MUMBAI. 4. 9 / CIT 5. :5 &) , , / DR, ITAT, MUMBAI 6. 5; < / GUARD FILE. ') &) //TRUE COPY//