NIRANJANA K. TANNA, MUMBAI V. DCIIT (OSD-II )CEN RG -7, MUMBAI

ITA 2822/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8797 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-06-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 25-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V JENARDHANAN LD
• Section: 143(3); 148; 154

Judgement Text

ITA.NO.2822/MUM/2014 NIRANJANA K.TANNA ASSESSMENT YEAR-2005-06 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.2822/MUM/2014 ( / ASSESSMENT YEAR: 2005-06) NIRANJANA K. TANNA TANNA HOUSE,2 ND FLOOR 11/A, NATHALAL PAREKH MARG COLABA, MUM BAI - 40 0 039 / VS. DEPUTY COMMISSIONER OF INCOME TAX(OSD-II) CENTRAL RANGE-7 AAYKAR BHAVAN , MUMBAI - 20 ! ./ ./PAN/GIR NO. AACPT-2819-G ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) ASSESSEE BY : NIRAJ SHETH, KAMLESH KURELIYA,LD.ARS REVENUE BY : V.JENARDHANAN , LD. DR / DATE OF HEARING : 26/10/2017 / DATE OF PRONOUNCEMENT : 01/11 /2017 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2005-06 ASSAILS THE ORDER OF THE LD. COMMISSIONER O F INCOME-TAX (APPEALS)-40 [CIT(A)], MUMBAI, APPEAL NO. CIT(A)-40/DCIT(OSD- II)C.R.7/132/12-13 DATED 21/01/2014. THE ASSESSMENT FOR IMPUGNED AY WAS FRAMED BY LD. DEPUTY COMMISSIONER OF INCOME TAX(OSD-II) ITA.NO.2822/MUM/2014 NIRANJANA K.TANNA ASSESSMENT YEAR-2005-06 2 CENTRAL RANGE-7 , MUMBAI [AO] U/S 143(3) READ WITH SECTION 148 OF THE INCOME TAX ACT,1961 ON 15/01/2013. 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, PLE ADED FOR WITHDRAWAL OF THE APPEAL ON THE PREMISES THAT THE R ECTIFICATION APPLICATION FILED BY THE ASSESSEE U/S 154 BEFORE LOWER AUTHORIT IES HAS BEEN ALLOWED AND EVEN THE CONSEQUENTIAL PENALTY HAS BEEN DELETED AND THEREFORE, THE ASSESSEE WAS NO MORE INTERESTED IN PURSUING THE SAM E. THE LD. DR ALSO CONTENDED THAT THE REVENUE IS NOT IN FURTHER APPEAL AGAINST RECTIFICATION DONE BY LOWER AUTHORITIES. 3. IN VIEW OF THE ABOVE FACTUAL POSITION, THE ASSES SEES APPEAL STANDS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST NOVEMBER, 2017. SD/- SD/- (D.T. GARASIA) (MANOJ KUMAR AGGARW AL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 01.11 .2017 SR.PS:- THIRUMALESH ! / 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