SMT. SUMAN KHURANA, MUMBAI V. ACIT, CENTRAL CIRCLE - 20, MUMBAI

ITA 2650/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79385 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 05-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAKASH L PATHADE
• Section: 154

Judgement Text

, ( ), IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI . . , , . . , ! BEFORE SHRI H L KARWA, PRESIDENT, & SHRI B R BASKAR AN, AM ./ITA NO.2650/MUM/2013 ( ' # / ASSESSMENT YEAR : 2010-11) SUMAN KHURANA, 501, RAHEJA CENTRE, FREE PRESS JOURNAL MARG, NARIMAN POINT, MUMBAI- 400 021 PAN :AAHPK0190Q VS. ACIT CENTRAL CIRCLE - 20 MUMBAI ( $% /APPELLANT) ( &'$% / RESPONDENT) APPELLANT BY : MR. SHEKHAR GUPTA RESPONDENT BY : MR. PRAKASH L PATHADE DATE OF HEARING : 09.07.2014 DATE OF PRONOUNCEME NT : 09.07.2014 !( / O R D E R PER H L KARWA, PRESIDENT : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)- 39, MUMBAI, DATED 04.02.2013, RELATING TO A.Y. 2010 -11. 2. THE SOLE GROUND TAKEN BY THE ASSESSEE IN THIS AP PEAL READS AS UNDER: THE LEARNED CIT(APPEALS) HAS ERRED IN LAW AND ON T HE FACTS OF THE CASE IN SUSTAINING THE ORDER OF THE AO CARRYING FOR WARD BUSINESS LOSS OF RS.5,44,09,725/- AS AGAINST RS.5,64,85,784/- CLAIME D BY THE ASSESSEE. 3. THE ASSESSEE, THROUGH HER LEGAL REPRESENTATIVE, VIDE LETTER DATED 08.07.2014 HAS STATED AS UNDER: .. SUB : WITHDRAWAL OF APPEAL 2 ITA NO.2650/MUM/2013 AY:2010-11 WITH REFERENCE TO THE ABOVE, THE ASSESSEE HAD FILED AN APPEAL AGAINST AN ERROR IN CARRY FORWARD OF LOSS IN THE ORDER U/S. 154 PASSED BY CPC. FURTHER, THE ASSESSING OFFICE IN HIS ORDER U/S. 143 (3) HAS CARRIED FORWARD THE CORRECT LOSS AND HENCE THE APPEAL HAS B ECOME INFRUCTUOUS. THUS, THE ASSESSEE WISHES TO WITHDRAW THE APPEAL AN D AS SUCH, WE SHALL REQUEST YOU HONOUR TO KINDLY GIVE PERMISSION TO WITHDRAW THE SAME. THANKING YOU, YOURS FAITHFULLY, SD/- (CHARTERED ACCOUNTANTS) 4. IN VIEW OF THE ABOVE APPLICATION, WE GRANT PERMI SSION TO WITHDRAW THE APPEAL. CONSEQUENTLY THE APPEAL IS TREATED AS DISM ISSED. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 TH DAY OF JULY, 2014. SD/- SD/- (B R BASKARAN) (H L KARWA) ACCOUNTANT MEMBER PRESIDENT MUMBAI, DT :9 TH JULY, 2014 SA COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T, CONCERNED 4. THE CIT (A)-CONCERNED 5. THE DR, MUMBAI E BENCH BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI