KRUGER M & E INDUSTRIES (I) P.LTD, MUMBAI V. DCIT (OSD) RG 8(2), MUMBAI

ITA 3706/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1318 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 08-03-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 16-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: D A SHETTY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'K' BENCH, MUMBAI BEFORE SHRI JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA NO. 3706/MUM/2015 (ASSESSMENT YEAR: 2007-08) M/S. KRUGER M&E INDUSTRIES VS. DCIT (OSD) 8(2) (I) P. LTD. M/S. DAYAKAR & CO., CAS 316 MAHAVIR ESTATE OFF MAHAKALI CAVES ROAD ANDHERI (E), MUMBAI 400093 ROOM NO. 218, 2 ND FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 PAN AAACK3871G APPELLANT RESPONDENT APPELLANT BY: SHRI D.A. SHETTY RESPONDENT BY: SHRI ARVIND KUMAR DATE OF HEARING: 13.04.2017 DATE OF PRONOUNCEMENT: 13.04.2017 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)- 17, MUMBAI DATED 27.03.2015 FOR A.Y. 2007-08. 2. DURING THE COURSE OF PROCEEDINGS BEFORE THE BENCH T HE LEARNED A.R. OF THE ASSESSEE FILED A LETTER DATED 04.04.2017 SEE KING PERMISSION FOR WITHDRAWAL OF THIS APPEAL. THE AFORESAID LETTER DAT ED 04.04.2017 IS EXTRACTED HEREUNDER: - 04.O4.2017 TO THE REGISTRAR, THE INCOME TAX APPELLATE TRIBUNAL K BENCH -MUMBAI RESPECTED SIR, SUB: WITHDRAWAL OF APPEAL RE: KRUGER M & E INDUSTRIES (INDIA) PRIVATE LIMITED PAN: AAACK3871G APPEAL NO : 3706/MUM-2015 ASSESSMENT YEAR: 2007-08 ITA NO. 3706/MUM/2015 KRUGER M&E INDUSTRIES (I) P. LTD 2 DATE OF HEARING: REGARDING THE ABOVE, AS PER THE INSTRUCTIONS RECEIV ED FROM OUR ABOVE- NAMED CLIENT, WE ARE SUBMITTING HEREWITH AN APPLICA TION FOR WITHDRAWAL OF THE ABOVE SAID APPEAL. THE APPLICATIO N IS ALREADY MADE TO THE DEPUTY COMMISSIONER OF INCOME TAX-10(11((32) INTIMATING DECISION TO WITHDRAW THE APPEAL. AS THE APPELLANT COMPANY INTEND TO CLOSE THE BUSINE SS AND COMMENCE THE WINDING UP PROCEDURE AS THE COMPANY IS INCURRIN G LOSSES SINCE LAST SIX YEARS. UNDER THE ABOVE CIRCUMSTANCES, WE REQUEST YOUR HONO R TO KINDLY WITHDRAW THE APPEAL THANKING YOU, YOURS RESPECTFULLY FOR DAYAKAR & CO CHARTERED ACCOUNTANTS SD/- D.A. SHETTY PROPRIETOR 3. IN VIEW OF THE ASSESSEES LETTER DATED 04.04.2017 S EEKING WITHDRAWAL OF THIS APPEAL, WE PERMIT WITHDRAWAL OF THE SAME AN D DISMISS THE APPEAL AS WITHDRAWN. 4. IN THE RESULT, THE ASSESSEES APPEAL FOR A.Y. 2007- 07 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH APRIL, 2017. SD/ - SD/ - (SANDEEP GOSAIN) (JASON P. BOAZ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 20 TH APRIL, 2017 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -17, MUMBAI 4. THE PR, CIT - 10, MUMBAI 5. THE DR, K BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.