DUSHYANT DAYALDAS BHAKTA, MUMBAI V. ACIT RG 12(1), MUMBAI

ITA 2094/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3918 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 31-07-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 29-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S D SRIVASTAVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 2094/MUM/2012 ASSESSMENT YEAR: 2007-08 DUSHYANT DAYALDAS BHAKTA CAMA CHAMBERS, DALAL STREET MUMBAI 400 023 PAN: AAGPB 7112 E VS. ACIT RANGE 12(1) MUMBAIL 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : S. D. SRIVASTAVA DATE OF HEARING : 23.07.2013 DATE OF PRONOUNCEMENT : 23.07.2013 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL FILED BY THE ASSESSEE ARISES OUT OF TH E ORDER PASSED BY THE LD.CIT(A) -10 DATED 27.01.2012 IN RELATION TO ASSES SMENT YEAR 2005-06. 2. THE ASSESSEES WIFE SMT. SMITA DYSHYANT BHAKTA H AS PLACED ON RECORD AN APPLICATION DATED 22.07.2013 REQUESTING FOR THE PER MISSION TO WITHDRAWN THE APPEAL FILED BY HER HUSBAND/ASSESSEE AS HER HUSBAND EXPIRE D ON 16.01.2013 AND SHE IS NOT AWARE OF THE CASE. A COPY OF THE DEATH CERTIFICATE OF THE ASSESSEE IS ALSO PLACED ALONG WITH THE SAID APPLICATION. HOWEVER, NEITHER T HE ASSESSEES REPRESENTATIVE NOR HIS WIFE PRESENT AT THE TIME OF HEARING. THE LEARNE D DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION TO SUCH PRAYER. CONSIDERING THE FACTS AND CIRCUMSTANCE OF THE CASE IN TOTO, WE PERMIT THE ASSESSEES WIFE TO WITH DRAW THE APPEAL WHICH HEREBY STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF JULY, 2013. SD/- SD/- (R. S. SYAL) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 23.07.2013. ITA NO. 2094/MUM/2012 DUSHYANT DAYALDAS BHAKTA ASSESSMENT YEAR: 2007-08 2 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR D BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.