SAIFEE HOSPITAL, MUMBAI V. DCIT (TDS )3(2), MUMBAI

ITA 2334/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92292 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PREMANAND J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI SANJAY ARORA , A M AND SHRI SANJAY GARG , J M ./ I.T.A . NO S . 2334, 2336 & 2338/MUM/2014 ( / ASSESSMENT YEAR S : 2008 - 09 TO 2010 - 11 ) SAIFEE HOSPITAL 15/17, MAHARSHI KARVE ROAD, MUMBAI - 400 004 / VS. DY. CIT(TDS) - 3(2), AAYKAR BHAWAN, M. K. ROAD, MUMBAI 400 020 ./ ./ PAN/GIR NO. AABTS 7800 D ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : WITHDRAWAL LETTER DATED 07.03.2015 / RESPONDENT BY : SHRI PREMANAND J . / DATE OF HEARING : 07.0 4.2015 / DATE OF PRONOUNCEMENT : 07.04.2015 / O R D E R PER SANJAY ARORA, A. M.: THIS IS A SET OF THREE A PPEAL S BY THE ASSESSEE DIRECTED AGAINST THE COMBINED ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 13 , MUMBAI (CIT(A) FOR SHORT) DATED 25.02.2014 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT S U/S. 201 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR S (A.Y S .) 2008 - 09 TO 2010 - 11 . 2. VIDE ITS SEPARATE APPLICATION S OF EVEN DATE, I. E., 07.03.2015, THE ASSESSEE HAS PRAYED FOR THE WITHDRAWAL OF ITS APPEALS IN - AS - MUCH AS THE APPEAL GIVING EFFECT ORDERS TO THE IMPUGNED ORDER BY THE FIRST APPELLATE AUTHORITY HAVE SINCE BEEN PASSED, GIVING RISE TO NIL DEMAND, ALSO ADDUCING THE COPY OF THE SAID ORDERS ALONG WITH. THE LD. DEPARTMENTAL REPRESENTATIVE (D.R.), ON BEING QUESTIONED IN THE MATTER , COULD NOT STATE IF ANY PREJUDICE IS BEING CAUSED TO THE REVENUE. 2 ITA NO. 2334, 2336 & 2338/M/2014 (A.YS. 2008 - 09 TO 2010 - 11) SAIFEE HOSPIT AL VS. DY. CIT(TDS) UNDER THE CIRCUMSTANCES, WE SEE NO REASON WHY THE ASSESSEES REQUEST FOR WITHDRAWAL OF ITS INSTANT APPEAL S BE NOT ACCE DED TO. WE DECIDE ACCORDINGLY , AND THE ASSESSEES CAPTIONED APPEALS ARE ALLOWED TO BE W ITHDRAWN. 3. IN THE RESULT, THE ASSESSEES APPEALS ARE DISMISSED IN LIMINE AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 07 , 201 5 SD/ - SD/ - ( SANJAY GARG ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 07 . 0 4 .201 5 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI