HARSH DEVELOPERS, MUMBAI V. CIT 15, MUMBAI

ITA 3176/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1981 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 05-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C N ANGOLKAR
• Assessee Lawyers: MRS AARTI VISSANJI
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H, MUMBAI BEFORE SHRI G.S.PANNU (AM) AND SHRI RAM LAL NEGI (J M) ITA NO 3176/MUM/2014 ASSESSMENT YEAR: 2009-10 M/S. HARESH DEVELOPERS, 205, HEMU CLASSIC, S V ROAD, MALAD (WEST), MUMBAI PAN : AACFH5342L VS. THE ITO, 15 (2)(3), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : MRS. AARTI VISSANJI RESPONDENT BY : SHRI. C.N.ANGOLKAR DATE OF HEARING: 23/12/2015 DATE OF PRONOUNCEMENT: 23/12/2015 O R D E R PER RAM LAL NEGI, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVEN UE AGAINST ORDER DATED 14/03/2014 PASSED BY THE LD. CIT(APPEALS)-15, MUMBAI PERTAINING TO THE ASSESSMENT YEAR 2009-10. 2. THE ASSESSE HAS CHALLENGED THE IMPUGNED ORDER ON THE FOLLOWING EFFECTIVE GROUNDS:- 1. THAT THE COMM. OF INCOME TAX 15, HAS ERRED IN IN VOKING THE PROVISIONS OF SEC. 263 BEYOND THE TIME ALLOWED UNDE R SEC 263(2). THE ORDER PASSED UNDER SEC. 263 IS BARRED B Y LIMITATION. 2 ITA NO3176/MUM/2014 ASSESSMENT YEAR: 2009-10 2. THE COMM. OF INCOME TAX 15, HAS ERRED IN INVOKIN G THE PROVISIONS OF SEC. 263 ALTHOUGH THE ORDER OF ITO 15 (2)(3) MUMBAI WAS NOT ERRONEOUS NOR WAS IT PREJUDICIAL TO THE INTEREST OF REVENUE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW 3. TODAY, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBM ITTED AN APPLICATION SEEKING PERMISSION FOR WITHDRAWAL OF TH E PRESENT APPEAL. THE RELEVANT PORTION OF WHICH READS AS UNDER:- 2. 'WE HAVE FILLED THE ABOVE APPEAL AGAINST THE ORD ER U/S 263 DT. 140/03/2004 PASSED BY CIT 15, MUMBAI SETTING AS IDE THE ORIGINAL ASSESSMENT. IN THE FRESH ASSESSMENT ORDER PASSED ON 26/03/2 015, NO MAJOR CHANGES HAVE BEEN MADE OTHER THAN TREATING TH E INCOME FROM BUSINESS AS INCOME FROM OTHER SOURCES RESULTIN G IN A TAX DEMAND ON RS. 3820/- IN THE CIRCUMSTANCES, WE SEEK PERMISSION TO WIT HDRAW THE ABOVE APPEAL' 4. THE LD. DR HAS NO OBJECTION IN ALLOWING THE APPLICATION FOR WITHDRAWAL OF THE APPEAL. 5. IN VIEW OF THE WRITTEN SUBMISSION MADE BY THE APPELLANT, THE APPLICATION IS ALLOWED AND APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAW. 3 ITA NO3176/MUM/2014 ASSESSMENT YEAR: 2009-10 ORDER PRONOUNCED IN THE OPEN COURT ON 23/12/2015 SD/- SD/- ( G.S.PANNU ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED:23/12/2015 / 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