YESUBAI P. PATIL, MUMBAI V. A.C.I.T. WD 25(2), MUMBAI

ITA 2609/MUM/2012

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 3106 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 24-06-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 18-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S SENTHI KUMARANDR

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI , , , BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.2609/MUM/2012 ASSESSMENT YEAR: 2004-05 SMT. YESUBAI P. PATIL, A WINGH, KSHITIJ, OPP. UNION BANK TOWER, OFF: LAXMAN MHATRE RD, MANDAPESHWAR, BORIVALI (WEST), MUMBAI-400103 / VS. THE ASST. COMM. OF INCOME TAX-25(2), C-10, PRATY ASHAKAR BHAVAN BANDRA, MUMBAI-400051 ( /ASSESSEE) ( / REVENUE) P.A. NO. ALFPP9821N / REVENUE BY SHRI S. SENTHI KUMARAN-DR / ASSESSEE BY SHRI MANDAR VAIDYA !' # / DATE OF HEARING : 16/09/2015 ' # / DATE OF ORDER: 30/09/2015 / O R D E R PER ASHWANI TANEJA (ACCOUNTANT MEMBER) THE PRESENT APPEAL IS AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX, (APPEALS) -35 (IN SHORT , CIT(A)), MUMBAI, DATED 06/01/2012, FOR THE ASSESSMENT YEAR 2 004- 05. SMT. YESUBAI P. PATIL ITA NO.2609/MUM/2012 2 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL F OR THE ASSESSEE, SHRI MANDAR VAIDYA, SUBMITTED A LETTER DA TED 14/09/2015, SEEKING LEAVE OF THE BENCH TO WITHDRAW THE APPEAL. COPY OF THE SAID LETTER IS REPRODUCED BELOW . TO, THE REGISTRAR, THE HON'BLE INCOME TAX APPELLATE TRIBUNAL, MUMBAI. SIR, SUB: LEAVE TO WITHDRAW THE APPEAL. REF: YESUBAI PATIL ITA/2609/MUM.L2012 FOR A.Y. 2004 -05. 'G' BENCH . THIS APPEAL IS SCHEDULED FOR 16TH SEPTEMBER 2015. T HIS APPEAL HAD BEEN FILED BY THE ASSESSEE WHO HAS NOW EXPIRED. THE LEGAL HEIRS (BEING THE SONS OF THE DECEASED) HAD FILED DEATH CE RTIFICATE, AFFIDAVIT AND FRESH FORM NO. 36, WITH AN INTENTION TO PURSUE THE APPEAL. HOWEVER, THE LEGAL HEIRS NOW DESIRE TO WITHDRAW THE APPEAL. THE LETTER TOWARDS THE SAME FROM THE LEGAL HEIRS IS ATTACHED HEREWITH. IT IS, THEREFORE PRAYED THAT THIS HON'BLE TRIBUNAL MAY KINDLY BE PLEASED TO ALLOW THE LEGAL HEIRS TO WITHDRAW THE AP PEAL. YOURS FAITHFULLY, ADVOCATE MANDAR VAIDYA 2.1. COPY OF THIS LETTER WAS ALSO SUBMITTED TO THE LD. DR. ON OUR QUERY, THE LD. DR REPLIED THAT HE WOULD HAVE NO OBJECTION, IF THIS APPEAL IS PERMITTED TO BE WITHDR AWN. SMT. YESUBAI P. PATIL ITA NO.2609/MUM/2012 3 2.2. KEEPING IN VIEW, THE AFORESAID LETTER AND STA TEMENT MADE BY THE LD. COUNSEL AT THE BAR, THE APPEAL IS P ERMITTED TO WITHDRAWN. THE APPEAL IS DISMISSED AS WITHDRAWN. 2.3. AS A RESULT, APPEAL OF THE ASSESSEE IS DISMIS SED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 30/09/2015. SD/- SD/- ( AMIT SHUKLA ) ( ASHWANI TANEJA ) '# / JUDICIAL MEMBER $# / ACCOUNTANT MEMBER ! MUMBAI; & DATED :30/09/2015 SK P.S/. .. %'&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ( )* / THE APPELLANT 2. +,)* / THE RESPONDENT. 3. -- ( ( ) / THE CIT, MUMBAI. 4. -- / CIT(A)- , MUMBAI 5. / 0 1+2 , -( #23 , ! / DR, ITAT, MUMBAI 6. 1 45 ! / GUARD FILE. / BY ORDER, , /(+ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ! / ITAT, MUMBAI