M/S ARYA SHIP BREAKING CORPORATIONN, MUMBAI V. DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-6, MUMBAI

ITA 3127/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8669 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 03-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A , MUMBAI BEFORE S HRI G.S. PANNU (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 3127 /MUM/20 1 6 ASSESSMENT YEAR: 2008 - 09 M/S ARYA SHIP BREAKING CORPORATION, 51 - 53, A - WING, MITTAL COURT, J.B. MARG, NARIMAN POI NT, MUMBAI 400021 PAN: AABFA1353R VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 6, MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE : NONE (WRITTEN SUBMISSION FOR WITHDRAWAL ) REVENUE : SHRI RAJESH KUMAR YADAV (DR) DATE OF HEARING: 02/11 /201 7 DATE OF PRONOUNCEMENT: 02 / 11 /201 7 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST ORDER DATED 17/12/2015 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) - 47 , MUMBAI , FOR THE A S S ESSMENT YEAR 2008 - 09 , WHEREBY THE LD. CIT (A) HAS DISMISSED THE APPEAL FILED BY THE ASSESSEE AGAINST ORDER PASSED BY THE AO U/S 154 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE A CT). 2. T HE ASSESSEE HAS CHALLENGED THE IMPUGNED ORDER PASSED BY THE LD. CIT (A) ON THE FOLLOWING EFFECTIVE GROUND : - ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE LAW, THE LEARNED CIT (A) HAS ERRED IN CONFIRMING THE ACTION OF LEARNED ASSESSING OFFICER IN CHARGING INTEREST U/S 234A OF THE INCOME TA X ACT, 1961 OF RS. 7,44,479/ - WITHOUT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE. 2 ITA NO. 3127 / MUM/2016 ASSESSMENT YEAR: 2008 - 09 3. THIS APPEAL WAS FIXED FOR HEARING FOR TODAY. SHRI PAWAN ARYA, MANAGING PARTNER M/S ARYA SHIP BREAKING CORPORATION HAD SUBMITTED THE APPLICATION DATED 01.11.2017 FOR PERMISSION TO WITHDRAW THE APPEAL WITHOUT ASSIGNING ANY REASON. 4. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE APPLICATION FOR WITHDRAWAL OF THE APPEAL IS ALLOWED. IN VIEW OF THE WRITTEN SUBMISSIONS MADE BY SH. PAVAN ARYA, WE ALLOW THE APPLICATION AND DISMISS THE APPEAL AS WITHDRAWN. IN THE RESULT, APPEAL FILED BY THE ASSESSEE FOR A SSESSMENT YEAR 2008 - 2009 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND . NOVEMBER , 2017 . SD/ - SD/ - ( G.S. PANNU ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 02 / 11 / 2017 ALINDRA, PS / 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 . 3 ITA NO. 3127 / MUM/2016 ASSESSMENT YEAR: 2008 - 09 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI