VIPUL D. SHAH, MUMBAI V. ASST CIT CEN CR 13, MUMBAI

ITA 3240/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3979 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 06-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CAPT PRADEEP ARYA
• Assessee Lawyers: ANKIT SHRIMALI
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' F ' BENCH, MUMBAI BEFORE SHRI JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN , JUDICIAL MEMBER ITA NO. 3240 /MUM/201 4 (ASSESSMENT YEAR: 2009 - 10 ) SHRI VIPUL DILIP SHAH VS. ACIT, CENTRAL CIRCLE - 13 SMAG HOUSE, 1 ST FLOOR SAROJINI ROAD EXTN. OPP. DARSHAN APT. VILLE PARLE (W) MUMBAI AYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 PAN - AAHPS5253J APPELLANT RESPONDENT APPELLANT BY: SHRI ANKIT SHRIMALI RESPONDENT BY: CAPT. PRADEEP ARYA DATE OF HEARING: 1 3 .04 .2016 DATE OF PRONOUNCEMENT: 13 .0 4 .2016 O R D E R PER JASON P. BOAZ, A.M . THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) - 37 , MUMBAI DATED 23 . 11 .2013 FOR A.Y. 2009 - 10 . 2 . IN THE COURSE OF HEARING OF THE APPEAL TODAY, THE LEARNED A.R. FOR THE ASSESSEE FILED A LETTER DATED 11.04.2016 ADDRESSED BY THE ASSESSEE TO THE BENCH SEEKING WITHDRAWAL OF THIS APPEAL. THIS LETTER READS AS UNDER: - 11 APRIL 2016 THE HON'BLE MEMBERS 'F' BENCH, INCOME TAX APPELLATE TRIBUNAL, MU MBA I RE: VIPUL D SHAH PAN: AAHPS5253J ITA NO: 3240/MUM/2014 (ASSESSEE'S APPEAL) APPEAL FIXED ON 13 APRIL 2016 ASSESSMENT YEAR 2009 - 10 SUB: WITHDRAWAL OF APPEAL ITA 3240 /MUM/2014 SHRI VIPUL DILIP SHAH 2 DEAR SIR, THE ABOVE REFERRED APPEAL IS FILED BY ME AGAINST THE ORDER PASSED BY CIT(A) DATED 23 NOVEMBER 2012 AND IS FIXED FOR HEARING ON 13 APRIL 2016 BEFORE THE HON'BLE MEMBERS OF 'F' BENCH. IN THIS CONNECTION, I WOULD LIKE TO STATE AS UNDER: PURSUANT TO SEARCH OPERATION, THE ASSESSMENT WAS CARRIED OUT ON ME UNDER SECTION 153A OF THE ACT. IN THE RE TURN OF INCOME FILED PERUSAL TO SEARCH OPERATION FOR THE CAPTIONED YEAR, THE ADDITIONS MADE BY THE ASSESSING OFFICER IN THE ORIGINAL ASSESSMENT ORDER WERE AGREED AND OFFERED SUO - MOTTO IN THE RETURN OF INCOME. AS THE ADDITIONS MADE BY ASSESSING OFFICER, DIS PUTED IN THE CAPTIONED APPEAL IS ALREADY ACCEPTED BY ME DURING THE ASSESSMENT PROCEEDINGS UNDER SECTION 153A OF THE ACT FOR THE AY 2009 - 10 AND PAID TAX ACCORDINGLY, I THEREFORE REQUEST YOUR HONOURS TO KINDLY PERMIT ME TO WITHDRAW THE CAPTIONED APPEAL AND O BLIGE. WE REGRET THE INCONVENIENCE CAUSED TO YOUR HONOURS IN THIS REGARD, IF ANY. THANKING YOU, YOURS FAITHFULLY, VIPUL SHAH 3 . IN VIEW OF THE ASSESSEES LETTER DATED 11,04,2016 (SUPRA), SEEKING WITHDRAWAL OF THIS APPEAL, THE SAME IS DISMISSED AS WITHDRAWN. 4 . IN THE RESULT, THE ASSESSEES APPEAL FOR A.Y. 2009 - 10 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH APRIL, 2016. MUMBAI, DATED: 13 TH APRIL , 2016 COPY TO: 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) - 37 , MUMBAI 4 . THE CIT , CENTRAL - 1 , MUMBAI 5 . THE DR, F BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P. SD/ - SD/ - ( SANDEEP GOSAIN ) ( JASON P. BOAZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER