SHRI PREMKUMAR KHURANA, MUMBAI V. ACIT, CENTRAL CIRCLE - 20, MUMBAI

ITA 2651/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79386 (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: C
• Assessment Year: 2010-2011
• Appeal Filed On: 05-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRIKANT NAMDEO
• Section: 143(3); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER, AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO. 2651/MUM/2013 (ASSESSMENT YEAR: 2010-11) SHRI PREMKUMAR KHURANA 501, RAHEJA CENTRE FREE PRESS JOURNAL MARG NARIMAN POINT MUMBAI-400 021. VS. ASTT. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-20 ROOM NO.402, AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. (APPELLANT) (RESPONDENT) PERMANENT ACCOUNT NO . : AGGPK 6149 Q ASSESSEE BY : WITHDRAWAL LETTER DATED08/07/2014 REVENUE BY : SHRI SHRIKANT NAMDEO DATE OF HEARING : 0 9 /07/2014 DATE OF PRONOUNCEMENT : 09/07/2014 O R D E R PER VIJAY PAL RAO, JUDICIAL MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 04/02/2013 OF CIT(A) PASSED UNDER SECTION 154 OF TH E INCOME TAX ACT FOR THE ASSESSMENT YEAR 2010-11. 2. THE ASSESSEE HAS FILED A LETTER DATED 08/07/2014 SEEKING PERMISSION TO WITHDRAW THE PRESENT APPEAL IN VIEW O F THE FACT THAT THE AO IN HIS ORDER PASSED UNDER SECTION 143(3) HAS CARRIE D FORWARD THE CORRECT LOSS AND HENCE THE APPEAL HAS BECOME INFRUCTUOUS. T HE LD. AR HAS SUBMITTED THAT IN VIEW OF THE ORDER PASSED BY THE A O THE PRESENT APPEAL ITA NO.2651/M/13 AY:10-11 2 OF THE ASSESSEE BECOMES INFRUCTUOUS AND MAY BE DISM ISSED AS WITHDRAWN. 3. THE LD. DR HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 4. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS DISMIS SED AS WITHDRAWN IN VIEW OF THE FACT THAT NO GRIEVANCE TO THE ASSESS EE AFTER THE ORDER PASSED UNDER SECTION 143(3) BY AO WHEREIN THE CORRE CT AMOUNT OF LOSS HAS BEEN CARRIED FORWARD. CONSEQUENTLY THE APPEAL O F THE ASSESSEE BECOMES INFRUCTUOUS. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH JULY, 2014. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER (VIJAY PAL RAO ) JUDICIAL MEMBER MUMBAI, DATED: 09/07/2014. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.