MATURE TRADING AND INVESTMENT P.LTD, MUMBAI V. ITO (TDS) 2(3), MUMBAI

ITA 2740/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8540 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 21-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR LD
• Assessee Lawyers: VIJAY MEHTALD
• Keywords: Recovery proceedings
• Section: 201(1); 154

Judgement Text

ITA.NO.2740/MUM/2014 MATURE TRADING & INVESTMENTS PRIVATE LIMITED ASSESSMENT YEAR-2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI . . , , BEFORE SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.2740/MUM/2014 ( / ASSESSMENT YEAR: 2009-10) MATURE TRADING & INVESTMENTS PRIVATE LIMITED (CIN : U65990MH1989PTC054474) FORTUNE-2000,PLOT NO.C-3 G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E) MUMBAI-400 051 / VS. INCOME TAX OF FICER (TDS) 2(3) 708,7 TH FLOOR K.G.MITTAL, AYURVEDIC HOSPITAL CHARNI ROAD MUMBAI-400 002 !' ./ ./PAN/GIR NO. A AACM-9730-G ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) A SSESSEE BY : VIJAY MEHTA, LD.AR RE VENUE BY : SUMAN KUMAR, LD. SR. DR / DATE OF HEARING : 02/11/2017 / DATE OF PRONOUNCEMENT : 08/11/2017 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2009-10 ASSAILS THE ORDER OF THE LD. COMMISSIONER O F INCOME-TAX (APPEALS)-13 [CIT(A)], MUMBAI, APPEAL NO. CIT(A)-13/IT- 834/RATIONALISATION ORDER 602/11-12 DATED 27/02/2014. THE RELEVANT ITA.NO.2740/MUM/2014 MATURE TRADING & INVESTMENTS PRIVATE LIMITED ASSESSMENT YEAR-2009-10 2 ORDER WAS FRAMED BY LD. INCOME TAX OFFICER (TDS)-2(3), MUMBAI [AO] U/S 201(1)/201(1A) OF THE INCOME TAX ACT,1961 ON 30/03/2011. THE ASSESSEE IS AGGRIEVED BY DEMAND RAISED U/S 201(1) A ND CONSEQUENTIAL INTEREST U/S 201(1A). 2. THE LD. COUNSEL FOR ASSESSEE [AR], AT THE OUTSET , DREW ATTENTION TO THE FACT THAT THE ASSESSEE FILED RECTIFICATION APPL ICATION U/S 154 BEFORE LD. AO, WHICH HAS BEEN ACCEPTED BY THE REVENUE. RESULTA NTLY, DEMAND RAISED U/S 201(1) HAS BEEN DELETED AND ONLY CONSEQU ENTIAL INTEREST U/S 201(1A) HAS BEEN RETAINED WHICH HAS BEEN PAID BY TH E ASSESSEE DURING RECOVERY PROCEEDINGS. THEREFORE, THE ASSESSEE WAS N O MORE INTEREST IN PURSUING THE APPEAL AS SUFFICIENT RELIEF HAS ALREAD Y BEEN GRANTED AND FURTHER, INTEREST DEMAND U/S 201(1A) IS NOT BEING C ONTESTED BY THE ASSESSEE DUE TO SMALLNESS OF THE DEMAND. THE LD. D R CONCURRED WITH THE SAME AND RAISED NO OBJECTION AGAINST WITHDRAWAL OF THE APPEAL. 3. IN VIEW OF THE ABOVE, THE APPEAL STANDS DISMISSE D IN LIMINE AS PER ASSESSEES REQUEST. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH NOVEMBER, 2017. SD/- SD/- (D.T. GARASIA) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 08.11.2017 SR.PS:- THIRUMALESH ITA.NO.2740/MUM/2014 MATURE TRADING & INVESTMENTS PRIVATE LIMITED ASSESSMENT YEAR-2009-10 3 ! / 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 FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI