DORF KETAL CHEMICALS (I) P.LTD, MUMBAI V. DCIT CEN CIR 45, MUMBAI

ITA 3738/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92913 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 04-03-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 25-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SARAL BARLOTA
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' D ' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI SANJAY ARORA , ACCOUNTANT MEMBER ITA NO. 3738/MUM/2012 (ASSESSMENT YEAR: 2004 - 05 ) M/S. DORF KETAL CHEMICALS (I) P. LTD. VS. DCIT, CENTRAL CIRCLE - 45 1, DORF KETAL TOWERS ORLEM MALAD (W), MUMBAI 400064 6TH FLOOR, AYAKAR BHAVAN M.K. ROAD, MUMBAI 400020 PAN - AAACD3819P APPELLANT RESPONDENT APPELLANT BY: SHRI SARAL BARLOTA RESPONDENT BY: SHRI SANTOSH KUMAR DATE OF HEARING: 15.06. 2015 DATE OF PRONOUNCEMENT: 15.06.2015 O R D E R PER D. MANMOHAN, V.P. THIS APPEAL BY THE ASSESSEE - COMPANY IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 38, MUMBAI AND IT PERTAINS TO A.Y. 2004 - 05. THE ORDER OF THE CIT(A) WAS PASSED ON 2 9.02.2012. 2. WHEN THE CASE WAS LISTED FOR HEARING ASSESSEE - COMPANY , VIDE ITS LETTER DATED 15 TH JUNE, 2015, SEEKS TO WITHDRAW ITS APPEAL FOR THE FOLLOWING REASON: - THE SECOND GROUND IS RELATING TO DISALLOWANCE OF RS.15.04,414 INCLUDED IN AMOUNT OF RS.22,74,779 AS DKCIPL WAS UND ER THE BELIEF THAT THERE WAS DOUBLE DISALLOWANCE OF AN AMOUNT OF RS.15,04,414 IN THE ASSESSMENT ORDER DATED 30 DECEMBER 2010. DKCIPL IS NOW IN RECEIPT OF THE RECTIFICATION ORDER DATED 5 MARCH 2015 PASSED BY THE ASSESSING OFFICER FOR AY 2004 - 05 DUE TO WHICH THE GROUND 2 BEFORE YOUR HONOURS WOULD NOT SURVIVE. DKCIPL THEREFORE SUBMITS THAT IT DOES NOT WISH TO PRESS FOR GROUND 2 THEREFORE, IN VIEW OF THE LETTER DATED 4 MARCH 2015 AND THIS LETTER, DKCIPL WOULD LIKE TO WITHDRAW ITS APPEAL FOR AY 2004 - 05. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL. THE LEARNED D.R. HAS NO OBJECTION IN THIS REGARD. ITA NO. 3738/MUM/2012 M/S. DORF KETAL CHEMICALS (I) P. LTD. 2 4. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE PERMIT THE ASSESSEE TO WITHDRAW ITS APPEAL. 5. IN T HE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JUNE, 2015. SD/ - SD/ - ( SANJAY ARORA ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 15 TH JUNE, 2015 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 38 , MUMBAI 4. THE CIT, CENTRAL - IV , MUMBAI 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.