ITO 9(3)(1), MUMBAI V. SHRI VINAYAKA PRODUCTS P. LTD, MUMBAI

ITA 3038/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7763 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 22-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 16-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 154

Judgement Text

I.T.A NO.3038/ MUM/2010 SHRI VINAYAKA PRODUCTS P. LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL, J BENCH, MUMBAI. BEFORE SHRI D.K.AGARWAL, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER I.T.A NO.3038/ MUM/2010 ASSESSMENT YEAR: 2006-07 INCOME TAX OFFICER 9(3)(1) .. APPELLANT R.NO.227, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-20. VS SHRI VINAYAKA PRODUCTS P. LTD. ,. RESPONDEN T TODI ESTATE, 1 ST FLOOR, SUN MILL COMPOUND, LOWER PAREL (W), MUMBAI-13. PA NO.AABCS 6060 N APPEARANCES: SUMIT KUMAR, FOR THE APPELLANT ANKIT AGARWAL, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THIS APPEAL IS FILED BY THE ASSESSING OFFICER AGAINST T HE ORDER DATED 4 TH FEBRUARY, 2010 OF THE CIT (A)-20, MUMBAI, IN THE MA TTER OF ORDER UNDER SECTION 154 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 20 06-07. 2. THE ASSESSING OFFICER IS AGGRIEVED BY THE CIT(A)S ORD ER IN REJECTING THE RECTIFICATION APPLICATION UNDER SECTION 154 OF THE I NCOME TAX ACT, 1961. 3. LEARNED REPRESENTATIVES AGREE THAT THE ORDER IN RE SPECT OF WHICH, THE ASSESSING OFFICER HAS FILED THE RECTIFICATION PETITION, HAS SINCE BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER HIMSELF VIDE ORDER DATED 4 TH NOVEMBER, 2010 BY A CO- I.T.A NO.3038/ MUM/2010 SHRI VINAYAKA PRODUCTS P. LTD 2 ORDINATE BENCH OF THIS TRIBUNAL IN ITA NO.6486/M/200 9 FOR THE ASSESSMENT YEAR 2006-07. 4. IN THIS VIEW OF THE MATTER AND IN VIEW OF THE FAC T THAT THE ASSESSING OFFICER IS IN-SEISIN OF THE MATTER OF REMAND PROCEEDINGS OF THE CIT (A) S ORDER UNDER SECTION 154, AGGRIEVED BY WHICH, THE ASSESSING OFFICER IS IN APP EAL BEFORE US, IS WHOLLY INFRUCTUOUS AND, ACCORDINGLY DISMISSED. 4. IN THE RESULT, APPEAL IS DISMISSED AS INFRUCTUOUS. PRONOUNCED IN THE OPEN COURT ON 31 ST MARCH, 2011 SD/- (D.K.AGARWAL) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 31 ST MARCH, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),20, MUMBAI 4. COMMISSIONER OF INCOME TAX, 9 , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH J, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.3038/ MUM/2010 SHRI VINAYAKA PRODUCTS P. LTD 3 I.T.A NO.3038/ MUM/2010 SHRI VINAYAKA PRODUCTS P. LTD 4