ESSAR ENERGY SERVICES LTD, MUMBAI V. CIT-5, MUMBAI

ITA 3138/MUM/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2440 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 04-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K KARDA M
• Assessee Lawyers: ANUJ KISHADWALA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI ( JM) ITA NO 3138/MUM/2016 ASSESSMENT YEAR: 2010-11 ESSAR ENERGY SERVICES LIMITED., ESSAR HOUSE, 11, K.K.MARG, MAHALAXMI, MUMBAI- 400 034. PAN:- AACCE0119R VS. THE D CIT , CIRCLE 6(2 ) (2) , ROOM NO. 504, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. ANUJ KISHADWALA. RESPONDENT BY : SHRI. A.K.KARDAM DAT E OF HEARING: 17/10 / 2016 DATE OF PRONOUNCEMENT: 17/10/20 16 O R D E R PER RAM LAL NEGI, JM AT THE OUTSET, THE LD. AUTHORISED REPRESENTATIVE FO R THE APPELLANT/ASSESSEE MOVED AN APPLICATION FOR WITHDRA WAL OF THE PRESENT APPEAL STATING THEREIN THAT ON PERUSAL OF APPEAL PAPERS WH ICH WERE RECENTLY RECEIVED, IT WAS NOTICED THAT APPEAL AGAINST THE ORDER PASSED BY ASSESSING OFFICER U/S 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT) HAS BEEN FILED WRONGLY BEFORE THE TRIBUNAL AND THE SAME WAS REQUIR ED TO BE FILED BEFORE THE CIT(A), THEREFORE, THE APPELLANT/ASSESSEE MAY BE AL LOWED TO WITHDRAW THE SAME. 2. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT OPP OSE THE APPLICATION MOVED BY THE APPELLANT. 2 ITA NO 3138/MUM/2016 ASSESSMENT YEAR: 2010-11 3. WE NOTICE THAT THE PRESENT APPEAL IS NOT MAINTA INABLE AS THE SAME HAS BEEN FILED AGAINST THE ASSESSMENT ORDER PASSED BY A O UNDER SECTION 143(3) READ WITH SECTION 263 OF THE ACT. ACCORDINGLY, WE A LLOW THE APPLICATION OF THE APPELLANT/ASSESSEE AND DISMISS THE APPEAL AS WITHDR AWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH OCTOBER, 2016 SD/- SD/- ( B.R.BASKARAN ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED:17/10/2016 / 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// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI PRAMILA