LOKHANDWALA NESTINGS P. LTD, MUMBAI V. PR CIT, RG- 12, MUMBAI

ITA 3156/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7845 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 13-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANADI VARMA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO.3156/MUM./2019 ( ASSESSMENT YEAR : 2014 15 ) LOKHANDWALA NESTINGS PVT. LTD. 48, INDRANARAYAN ROAD SANTACRUZ (WEST), MUMBAI 400 054 PAN AABCL5705F . APPELLANT V/S PRINCIPAL COMMISSIONER OF INCOME TAX RANGE 12, MUMBAI . RESPONDENT ASSESSEE BY : SHRI RAHUL HAKANI REVENUE BY : SHRI ANADI VARMA DATE OF HEARING 14.10.2019 DATE OF ORDER 14.10.2019 O R D E R PER SAKTIJIT DEY, J.M. THE AFORESAID APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 15 TH MARCH 2019, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) BY THE LEARNED PRINCIPAL C OMMISSIONER OF I NCOME T AX 12, MUMBAI, FOR THE ASSESSMENT YEAR 2014 15. 2. AT THE TIME OF HEARING OF APPEAL, SHRI RAHUL K. HAKANI, LEARNED COUNSEL FOR THE ASSESSEE ON THE INSTRUCTIONS OF HIS CLIENT SUBMITTED 2 LOKHANDWALA NESTINGS PVT. LTD. THAT THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL ANY FURTHER AS NO ADDITION HAS BEEN MADE IN THE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R/W SECTION 263 OF THE ACT. IN THIS CONTEXT, THE LEAR NED COUNSEL HAS ALSO FURNISHED LETTER DATED 3 RD OCTOBER 2019, FROM THE ASS ESSEE SIGNED BY ONE OF THE DIRECTORS. CONTENTS OF THE AFORESAID LETTER ARE AS UNDER: DATE: 03/10/2019 TO, THE HON'BLE MEMBERS, ITAT, BENCH - 'A' MUMBAI. REF: LOKHANDWALA NESTINGS PVT. LTD. ITA NO. 3156/MUM/2019, A.Y. 2014 - 15 FIXED FOR HEARING ON 14/10/2019. SUB: REQUEST FOR WITHDRAWAL OF APPEAL RESPECTED SIR, THE AFORESAID APPEAL IS FIXED FOR HEARING ON 14/10/2019 BEFORE YOUR HONOUR. WE DO NOT WISH TO PURSUE THE APPEAL AS NO ADDITION HAS BEEN MADE IN ORDER PASSED U/S. 143(3) R.W.S. 263. HENCE, WE REQUEST THE HON'BLE MEMBERS TO ALLOW US TO WITHDRAW THE ABOVE APPEAL. WE REGRET THE INCONVENIENCE CAUSED TO THE MEMBERS. THANKING YOU, YOURS FAITHFULLY, FOR LOKHANDWALA NESTINGS PVT. LTD. SD/ DIRECTOR C.C. TO: D.R. 3. THUS, THE LEARNED COUNSEL FOR THE ASSESSEE SOUGHT PERMISSION OF THE BENCH TO WITHDRAW THE APPEAL 3 LOKHANDWALA NESTINGS PVT. LTD. 4. SHRI ANADI VARMA, LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 5. CONSIDERING THE SUBMISSIONS OF THE PARTIES AND IN VIEW OF THE LETTER FILED BY THE ASSESSEE THAT HE NO MORE WANTS TO PURSUE THE APPEAL DUE TO THE REASONS STATED IN THE LETTER, WE ARE INCLINED TO DISMISS THE PRESENT APPEAL AS WITHDRAWN. 6. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14.10.2019 SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 14.10.2019 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI