SUDHIR RAO, MUMBAI V. ACIT 26(2), MUMBAI

ITA 2567/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9271 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 20-12-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 01-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH DWIVEDI
• Assessee Lawyers: WITHDRAW LETTER DATED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER ITA.NO.2565 & 2567/MUM/2011 ASSESSMENT YEAR 2000-2001 & 2001-2002 SUDHIR RAO HARYANA PAN AEKPR3060D VS. ACI T 26 (2) MUMBAI (APPELLANT) (RESPONDENT) FOR APPELLANT : WITHDRAW LETTER DATED 17.12.201 2 FOR RESPONDENT : SHRI RAJESH DWIVEDI, SR. D.R. DATE OF HEARING : 20-12-2012 DATE OF PRONOUNCEMENT : 20-12-2012 ORDER PER H.L.KARWA, PRESIDENT THESE TWO APPEALS BY THE ASSESSEE WERE HEARD TOGET HER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CO NVENIENCE. IN BOTH THE APPEALS, THE ASSESSEE CHALLENGED THE ACTION OF THE CIT(A) IN CONFIRMING THE PENALTY OF RS.18,10,638/- AND RS.18,55,785/- LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271 (1) (C) OF THE I.T.ACT, 1961 (IN SHORT THE ACT) FOR THE ASSESSMENT YEARS 2000-2001 AND 2001-2002 RESPECTIVE LY 2. THE AUTHORISED REPRESENTATIVE OF THE ASSESSEE SH RI PAVAN KAKADE VIDE HIS LETTER DATED 17 TH DECEMBER, 2012 HAS STATED AS UNDER : DEAR SIR, RE : MR. SUDHIR RAO (THE APPELLANT) PAN AEKPR3060D ASSESSMENT YEARS (A.Y.) 2001-01 AND 2001-02 2 WITHDRAWAL OF THE FOLLOWING INCOME TAX APPEALS : 1. 2565/MUM/2011 2. 2567/MUM/2011 (COLLECTIVELY REFERRED TO AS APPEALS) WE REFER TO THE ABOVEMENTIONED APPEALS (COPY OF ACK NOWLEDGMENTS ENCLOSED AS ANNEXURE 1) FILED BY THE APPELLANT FOR A.Y. 2000-01 AND A.Y. 2001-02, BEFORE THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI. IN THIS CONNECTION, WE ON BEHALF OF AND UNDER THE INSTRUCTI ONS FROM OUR CLIENT, THE APPELLANT, RESPECTFULLY SUBMIT AS UNDER : 1. ON MARCH 30, 2011, COMMISSIONER OF INCOME TAX 26 (CIT) ISSUED A SANCTION AND DIRECTION FOR PROSECUTION AGAINST THE APPELLANT FOR A.Y. 2000-01 AND A.Y. 2001-02. HAVING REGARD TO SUCH DIR ECTIONS, ASSISTANT COMMISSIONER OF INCOME TAX 26 (2) FILED A COMPLAINT AGAINST THE APPELLANT BEFORE THE ADDITIONAL CHIEF METROPOLI TAN MAGISTRATE (MUMBAI). 2. PURSUANT TO INITIATION OF PROSECUTION PROCEEDINGS U NDER SECTION 276C(1) READ WITH SECTION 277 OF THE INCOME TAX ACT, 1961 ( ACT), AND IN ORDER TO AVOID PROTRACTED LITIGATION AND BUY PEACE OF MIN D, THE APPELLANT FILED AN APPLICATION FOR COMPOUNDING OF OFFENCE UND ER SECTION 279(2) OF THE ACT WITH THE JURISDICTIONAL CHIEF COMMISSIONER OF INCOME TAX IX ON MAY 7, 2012. 3. POST THE ABOVE, AFTER THOROUGH INQUIRY AND PROCEEDI NGS, THE COMPOUNDING APPLICATION FOR THE A.Y. 2000-01 AND A. Y. 2001-02 HAS BEEN APPROVED BY THE COMMITTEE SET UP FOR THIS PURP OSE VIDE ORDER DATED OCTOBER 25, 2012 (COPY ENCLOSED AS ANNEXURE-2 ). IN THE LIGHT OF THE ABOVE, GIVEN THAT THE MATTER OF THE APPELLANT FOR A.Y. 2000-01 AND A.Y. 2001-02 IS COMPOUNDED AND IN ORDER TO HONOUR THE UNDERTAKING FILED BY APPELLANT WITH THE CIT IN THIS REGARD, IT IS HEREBY SUBMITTED THAT THE APPELLANT DOES NOT INTEND TO PUR SUE THE APPEALS FILED BEFORE YOUR HONORS ANY FURTHER. CONSEQUENTLY, THE A PPELLANT WISHES TO WITHDRAW THE APPEALS FILED BY HIM. FURTHER, THE APPEALS WERE SCHEDULED FOR HEARING ON DECEMBER 17, 2012. HOWEVER, THE E BENCH DID NOT FUNCTION ON THE SAID DATE AND CONSEQUENTLY, THE HEARING FOR THE APPEALS HAVE BEEN RESCHEDULED TO JUNE 25, 2013. GIVEN THAT THE APPELLANT ANYWAY WISHES TO WITHDRAW THE APPEALS, WE HUMBLY REQUEST YOUR HONORS TO KINDLY TAKE THE ABOVE INTO CONSIDERATION AND ACCEPT THE WITHDRAWAL OF THE AFOREMENTIONED APP EALS. YOURS FAITHFULLY SD/- PAVAN KAKADE (PAVAN KAKADE) ENCLOSURES: AS ABOVE. 3 3. IN VIEW OF THE ABOVE LETTER, WE GRANT THE PERMIS SION TO ASSESSEE TO WITHDRAW BOTH THE APPEALS. CONSEQUENTLY, THE APPEAL S STAND DISMISSED AS WITHDRAWN. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 20.12.2012. SD/- SD/- (N.K.BILLAIYA) (H.L.KARWA) ACCOUNTANT MEMBER PRESIDENT MUMBAI, DATE 20 TH DECEMBER, 2012 VBP/- COPY TO 1. SUDHIR RAO, C/O. GENERAL MOTORS INDIA PVT. LTD. INS TITUTIONAL AREA, PLOT NO. 15, SECTOR-32, GURGAON, HARYANA PAN AEKPR3060D 2. ACIT 26 (2) , ROOM NO. 603, 6 TH FLOOR, SMT. K.G. MITTAL AAYURVED HOSPITAL BUILDING, NEAR CHARNI ROAD STATION, MUMBAI 3. CIT(A) - XXVIII , R.NO.2 0 , 3 RD FLOOR, B - WING, MITTAL COURT, NARIMAN POINT, MUMBAI 400 021. 4. CIT - 26 , MUMBAI 5. DR C BENCH 6. GUARD FILE (TRUE COPY) BY ORDER ASST. REGISTRAR, I.T.AT. MUMBAI BENCHE S MUMBAI.