SUMER CORPORATION, MUMBAI V. PR CIT (CEN)-3, MUMBAI

ITA 2435/MUM/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3570 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 29-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAHI S KUMAR
• Assessee Lawyers: NIDHI SANGHVI
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO. 2 4 3 5/MUM/2015 ( / ASSESSMENT YEAR: 2011 - 12 ) SUMER CORPORATIO N 220, COMMERCE HOUSE, 140, N. M. ROAD, FORT, MUMBAI - 400 001 / VS. THE PRINCIPAL CIT (CENTRAL) - 3, ROOM NO. 109, FIRST FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AACFS 4279 F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : MS. NIDHI SANGHVI / RESPONDENT BY : SHRI SAHI S. KUMAR / DATE OF HEARING : 31.5.2016 / DATE OF PRONOUNCEMENT : 31 .5.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE PRINCIPAL COMMISSIONER OF INCOME TAX ( CENTRAL ) - 3 , MUMBAI ( P CIT FOR SHORT) DATED 30.3.2015 , SUBJECTING ITS ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 196 1 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2011 - 12 VIDE ORDER DATED 28.3.2013 TO REVISION . 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, THAT THE ASSESSEE WISHES TO WITHDRAW ITS I NSTANT APPEAL, TOWARD WHICH IT HAS FILED A S EPARATE APPLICATION (WITHDRAW AL LETTER DATED 16.5.2016 PLACED ON 2 ITA NO. 2 4 3 5/MUM/2015 (A.Y. 2011 - 12) SUMER CORPORATION VS. THE PRINCIPAL CIT (CENTRAL) RECORD ) . THE INSTANT APPEAL IMPUGNS THE REVISIONARY ORDER U/S. 263 OF THE ACT. THE ASSESSMENT STANDS MADE SINCE , SHE WOULD FURTHER CONTINUE, ACCEPT ING THE ASSESSEES CLAIMS , SO THAT THE INSTANT APPEAL BECOMES INFRUCTUOUS . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) ON BEING QUERIED BY THE BENCH, DID NOT RAISE ANY OBJECTION IN THE MATTER. 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE FOREGOING , WE SEE NO REASON NOT TO ACCEPT THE ASSESSEES APPLICATION FOR THE WITHDRAWAL OF ITS APPEAL ; THE SAME CAUSING NO PREJUDICE TO EITHER SIDE . THE SAME IS, ACCORDINGLY, DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE ASSESSEES APPE AL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON MAY 31 , 201 6 SD/ - SD/ - ( PAWAN SINGH ) (S ANJAY AROR A) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 31 . 0 5 .201 6 . . ./ 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