AMIIT TANDON, MUMBAI V. ASST CIT 24(1), MUMBAI

ITA 3745/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3462 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 25-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURINDER JIT SINGH
• Assessee Lawyers: JATIN BANSAL
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUM BAI .. , ! , '# ' $ BEFORE SHRI I. P. BANSAL, JM AND SHRI SANJAY ARORA , AM ./ I.T.A. NO. 3745/MUM/2012 ( & ' (' & ' (' & ' (' & ' (' / / / / ASSESSMENT YEAR: 2007-08) AMIT TANDON 1404, D WING, ROYAL CLASSIC, NEW LINK ROAD, ANDHERI (W), MUMBAI-400 053 & & & & / VS. ASST. CIT, 24(1), R. NO.503, FIFTH FLOOR, C-13, PRATYAKSHKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400 051 ) '# ./ * ./ PAN/GIR NO. ABZPT 3948 C ( )+ / APPELLANT ) : ( ,-)+ / RESPONDENT ) )+ . ' / APPELLANT BY : SHRI JATIN BANSAL ,-)+ / . ' / RESPONDENT BY : SHRI SURINDER JIT SINGH & / 01# / // / DATE OF HEARING : 19.06.2013 2 ( / 01# / DATE OF PRONOUNCEMENT : 19.06.2013 '3 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX-24, MUMBAI (CIT FOR SHORT) DATED 26 .03.2012, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR 2007-08. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AR, THE ASSESSEES COUNSEL, THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPEA L AND WISHES TO WITHDRAW THE SAME, AS 2 ITA NO.3745/MUM/2012 (A.Y. 2007-08) AMIT TANDON VS. ASST. CIT THE ASSESSMENT IN PURSUANCE TO THE SECTION 263 ORDE R, WHICH STANDS IMPUGNED BY HIM, SINCE FRAMED, IS IN TERMS OF THE INCOME AS RETURNED BY THE ASSESSEE, SO THAT NO CAUSE FOR GRIEVANCE SURVIVES. THE LD. DR DID NOT RAISE ANY OB JECTION TO THE SAID WITHDRAWAL OF HIS APPEAL BY THE ASSESSEE, TOWARD WHICH AN ENDORSEMENT (ON FORM 36) BY THE LD. AR, IN SUBSTANTIATION OF HIS ORAL AVERMENTS, WAS OBTAINED BY THE BENCH. WE, ACCORDINGLY, HAVE NO HESITATION IN ACCEDING TO THE ASSESSEES REQUEST FOR THE SAID WITHDRAWAL. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN . 4 05 & '40 / #4 / 0 67 ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 19, 2013 '3 / 2 ( #' 8&5 9& 19 , 2013 / > SD/- SD/- (I. P. BANSAL) (SANJAY ARORA) / JUDICIAL MEMBER '# / ACCOUNTANT MEMBER MUMBAI; 8& DATED : 19.06.2013 .&../ ROSHANI , SR. PS '3 / ,0? @'?(0 '3 / ,0? @'?(0 '3 / ,0? @'?(0 '3 / ,0? @'?(0/ COPY OF THE ORDER FORWARDED TO : 1. )+ / THE APPELLANT 2. ,-)+ / THE RESPONDENT 3. A ( ) / THE CIT(A) 4. A / CIT CONCERNED 5. ?D> ,0& , , / DR, ITAT, MUMBAI 6. >E' F / GUARD FILE '3& '3& '3& '3& / BY ORDER, G GG G/ // /6 6 6 6 (DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI