MEGA CUSTODIAL SERVICES LIMITED , MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX-10(2)(2), MUMBAI

ITA 288/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5969 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2013-2014
• Appeal Filed On: 11-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 288/MUM/2018 ASSESSMENT YEAR: 2013 - 14 M/S MEGA CUSTODIAL SERVICES LTD. 301, LEVEL - 3, CEEJAY HOUSE, SHIV SAGAR ESTATE, F - BLOCK, DR. ANNIE BESANT ROAD, WORLI, MUMBAI - 400018. VS. THE COMMISSIONER OF INCOME TAX (APPEALS) 17 ROOM NO. 703, 7 TH FLOOR, C - 10, PRATYAKSHAKAR BHAVAN, BKC, MUMBAI - 400051. PAN NO. AAACM3508J APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. CHAUDHARY ARUN KUMAR SINGH, DR DATE OF HEARING : 29/07/2019 DATE OF PRONOUNCEMENT : 31/07/2019 ORDER PER N.K. PRADHAN, AM THIS IS AN APPEAL FILED BY THE ASSESSEE . THE RELEVANT ASSESSMENT YEAR IS 2013 - 1 4 . THE APPEAL IS DIRECTED AGAINST THE ORDER OF T HE COMMISSIONER OF INCOME TAX (APPEALS) - 17 , MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT 1961, (THE ACT). 2. THE DIRECTOR OF THE APPELLANT - COMPANY SHRI MAHESH MHATRE FILED A WRITTEN SUBMISSION DATED 11.06.2019 SUBMITTING THAT THE ASSESSEE FILED THE CAPTIONED APPEAL BEFORE THE TRIBUNAL ON 11.01.2018 FOR THE M/S MEGA CUSTODIAL SERVICES ITA NO. 288/MUM/2018 2 ASSESSMENT YEAR (AY) 2013 - 14. IT IS STATED BY HIM THAT ON BEING INFORMED THAT THE APPEAL FILED ON 11.01.2018 WILL NOT BE ENTERTAINED AS FORM NO. 36 IS SIGNED BY THE DIRECTOR OF THE COMPANY AND NOT BY THE MANAGING DIRECTOR, THE ASSESSEE FILED THE REVISED APPEAL IN TRIBUNAL ON 01.02.2018 ALONG WITH LETTER DATED 31.01.2018 CONFIRMING THAT THE APPEAL IS SIGNED BY THE DIRECTOR DUE TO NON - AVAILABILITY OF MANAGING DIRECTOR IN THE COMPANY WITH DOCUMENTARY EVIDENCE. THUS IT IS STATED BY HIM THAT THE APPELLANT PROPOSES TO WITHDRAW T HE APPEAL FILED ON 11.01.2018 AND THE APPEAL FILED ON 01.02.2018 BE CONSIDERED FOR HEARING. HAVING CONSIDERED THE ABOVE SUBMISSION , WE ACCEDE TO THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL. 3. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. O RDER PRONOUNCED IN THE OPEN COURT ON 31/07/2019. SD/ - SD/ - (SAKTIJIT DEY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 31/07/2019 RAHUL SHARMA, SR. P.S. M/S MEGA CUSTODIAL SERVICES ITA NO. 288/MUM/2018 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI