HINDOOSTAN MILLS LTD., MUMBAI V. PRINCIPAL COMMISSIONER OF INCOME TAX-2, MUMBAI

ITA 3122/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8112 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 03-05-2016
• Court: TRIBUNAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H , MUMBAI BEFORE SHRI C . N . PRASAD , JUDICIAL MEMBER AND SHRI RA MIT KOCHAR , ACCOUNTANT MEMBER ITA NO. 3122 /MUM/201 6 : (A.Y : 20 11 - 12 ) M/S HINDOOSTAN MILLS LTD. 3 RD FLOOR, SIR VITHALDAS CHAMBERS 15 MUMBAI SAMACHAR MARG, FORT MUMBAI 400 00 1 PAN : A AACT0173A ( / APPELLANT) VS. PRINCIPAL COMMISSIONER OF INCOME TAX - 2 344, AAYAKAR BHAVAN 3 RD FLOOR M.K.ROAD MUMBAI 400 0 20 ( / RESPONDENT) / A PPELLANT BY : MS. NEHA PARANJPE / RE SPONDENT BY : SHRI RAHUL RAMAN / DATE OF HEARING : 08 / 03 /201 7 DATE OF PRONOUNCEMENT : 08 / 03 / 2017 / O R D E R PER C.N.PRASAD (J.M.) : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, MUMBAI DATED 21.03.2016 PASSED U/S 263 OF THE IT ACT FOR THE ASSESSMENT YEAR 2011 - 12. 2 M/S HINDOOSTAN MILLS LTD. (FORMERLY SIRDAR CARBONIC GAS CO. LTD. ITA NO. 3122 /MUM/201 6 , A.Y.20 11 - 1 2 2. AT THE OUTSET, THE COUNSEL FOR THE ASSESSEE SUBMITS THAT IN THE ASSESSMENT ORDER PASSED U/S 143(3) R.W.S. 263 OF THE ACT ON 27.12.2016 GIVING EFFECT TO THE LD. COMMISSIONERS ORDER U/S 263, THE ASSESSING OFFICER ON VERIFYING THE FACTS AND MAKING ENQUIRIES ACCEPTED THE CONTENTIONS OF THE ASSESSEE AND DETERMINED THE LOSS AT RS.88,07,62,670/ - TO BE CARRIED FORWARD U/S 72A OF THE A CT WHICH IS THE SAME FIGURE AS IT WAS DETERMINED IN THE ASSESSMENT ORDER DATED 14.03.2014 ORIGINALLY PASSED U/S 143(3) OF THE ACT. THEREFORE, THE COUNSEL SUBMITS THAT THE APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER PASSED U/S 263 BECOMES INFRUCTUOUS AN D THEREFORE SUBMITS THAT THE ASSESSEE WANTS TO WITHDRAW THE PRESENT APPEAL TO WHICH THE LD. DR HAS NO OBJECTION. CONSIDERING THE SUBMISSIONS OF THE ASSESSEE IN THE LETTER DATED 08.03.2017 FURNISHED BEFORE US BY THE COUNSEL , THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THE 8 TH DAY OF MARCH 2017 . SD/ - SD/ - RA MIT KOCHAR C.N.PRASAD / / ACCOUNTANT MEMBER JUDICIAL MEMBER / MUMBAI; / DATED 08 / 0 3 / 2017 LR, SPS 3 M/S HINDOOSTAN MILLS LTD. (FORMERLY SIRDAR CARBONIC GAS CO. LTD. ITA NO. 3122 /MUM/201 6 , A.Y.20 11 - 1 2 / COPY OF THE ORDER FORWARDED TO : / BY ORDER , ( ASSTT. REGISTRAR) , / ITAT, MUM 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. // TRUE COPY / /