EQUINOX INVESTMENT CO. P.LTD, MUMBAI V. ITO 9(1)-3, MUMBAI

ITA 3734/MUM/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8194 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: E
• Next Hearing Date: 17-11-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 25-05-2012
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER I.T.A. NO. 3734/MUM/2012 (ASSESSMENT YEAR : 2004-05) M/S EQUINOX INVESTMENT CO. P. LTD., 3 HOMELAND, 55 HILL ROAD, BANDRA (WEST), MUMBAI- 400050 V S THE I.T.O. 9 (1) (3) AAYKAR BHAVAN, 2 ND FLOOR, M.K. ROAD, MUMBAI- 400020 PAN : AAACE3610K (APP ELLANT ) (RESPONDENT) APP ELLANT BY NONE REVENUE BY SHRI M.C. OMI NINGSHEN (DR) DATE OF HEARING : 01/02/2017 DATE OF ORDER : 15/02/2017 O R D E R PER ASHWANI TANEJA, AM: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)- 19, MUMBAI (H EREINAFTER CALLED AS LD. CIT (A) IN SHORT) DATED 19.04.2012 PASSED AG AINST THE PENALTY ORDER OF THE ASSESSING OFFICER U/S 271 (1) (C) DATE D 25.03.2011 FOR AY 2004-05. 2. DURING THE COURSE OF HEARING IT WAS FOUND BY US T HAT ASSESSEE HAS FILED LETTER DATED 27.01.2017 FOR WITHDRAWING T HE APPEAL WHICH READS AS UNDER: TO, THE HONOURABLE MEMBERS, INCOME TAX APPELLATE TRIBUNAL, E BENCH, 2 I.T.A. NO. 3734/MUM/2012 MUMBAI- 400020 REF. APPEAL NO. 3734/MUM-12/2012 FOR A.Y. 2004-2005 . SUBJECT: WITHDRAWING THE APPEAL IN VIEW OF DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016. HONORABLE MEMBERS, WE REQUEST YOUR HONOR WE ARE HEREWITH WITHDRAWING T HE ABOVE REFERRED APPEAL NO. 3734/MUM-12/2012 FOR A.Y. 2004- 2005 UNDER THE DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016. WE ARE ENCLOSING THE E-PAYMENT CHALLAN OF AXIX BANK FOR RS. 1,28,980/- DATED 25.01.2017 TOWARDS 25% OF MINIMUM PENALTY LEVIABLE ON RS. 5,03,920/- WE HAVE DEPUTED AND AUTHORIZED MR. KISHORE N. KARNA D OUR STAFF TO APPEAR BEFORE THE BENCH OR OFFICERS. HIS SIGNATU RE IS APPENDED BELOW AS HIS PROOF OF IDENTITY. (KISHORE N. KARNAD) WE REQUEST YOUR HONOR TAKE THE ABOVE ON RECORD AND ACKNOWLEDGE THE RECEIPT. THANKING YOU, YOURS FAITHFULLY, FOR EQUINOX INVESTMENTS CO. PVT. LTD. DIRECTOR 3. LD. DR DID NOT RAISE READ ANY OBJECTION FOR WITHDR AWING THE APPEAL BY THE ASSESSEE. 3 I.T.A. NO. 3734/MUM/2012 4. UNDER THESE CIRCUMSTANCES, WE ALLOW THE ASSESSE TO WITHDRAW THIS APPEAL. THEREFORE, THIS APPEAL IS DISMISSED AS WITH DRAWN. ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF THE HEARING. SD/- SD/- (D.T. GARASIA) (ASHWANI TANEJA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED:15/02/2017 / 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 ALINDRA, PS 4 I.T.A. NO. 3734/MUM/2012