HCC- L & T PURULIA JOINT VENTURE, MUMBAI V. JCIT 23(1), MUMBAI

ITA 4124/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 7636 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJNEESH ARVIND
• Assessee Lawyers: ANAND GONSALVES
• Keywords: Revision of order
• Section: 263

Judgement Text

HCC HCC HCC HCC- -- -L&T L&T L&T L&T PURULIA JOINT VENTURE PURULIA JOINT VENTURE PURULIA JOINT VENTURE PURULIA JOINT VENTURE ITA NO. 4124/MUM /2011 ITA NO. 4124/MUM /2011 ITA NO. 4124/MUM /2011 ITA NO. 4124/MUM /2011 (ASST YEAR 2006 (ASST YEAR 2006 (ASST YEAR 2006 (ASST YEAR 2006- -- -07) 07) 07) 07) IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI MUMBAI MUMBAI MUMBAI H HH H BENCH BENCH BENCH BENCH MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM & SHRI RAJENDRA, AM & SHRI RAJENDRA, AM & SHRI RAJENDRA, AM & SHRI RAJENDRA, AM ITA NO. ITA NO. ITA NO. ITA NO. 4124/MUM /2011 4124/MUM /2011 4124/MUM /2011 4124/MUM /2011 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEAR 2006 2006 2006 2006- -- -07 0707 07) )) ) HCC-L&T PURULIA JOINT VENTURE HINCON HOUSE LBS MARG, VIKHROLI (W) MUMBAI 83 VS THE JT COMMR OF INCOME TAX 23(1), MUMBAI (APPELLANT (APPELLANT (APPELLANT (APPELLANT ) )) ) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO. AAAAH0710K AAAAH0710K AAAAH0710K AAAAH0710K ASSESSEE BY SHRI ANAND GONSALVES REVENUE BY SH RAJNEESH ARVIND DT.OF HEARING 20 TH MARCH 2012 DT OF PRONOUNCEMENT 28 TH , MARCH 2012 ORDER ORDER ORDER ORDER PER PER PER PER VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO, , , , JM JMJM JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 24.3.2011 PASSED U/S 263 OF THE I T ACT OF THE CIT FOR THE AY 2006-07. 2 AT THE TIME OF HEARING, THE ASSESSEE FILED A LETT ER DATED 20.3.2012 WHEREBY THE ASSESSEE HAS REQUESTED TO WITHDRAW THE PRESENT APPE AL. 3 THE LD AR OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PURSUE THE PRESENT APPEAL AND THEREFORE, THE SAME M AY BE DISMISSED AS WITHDRAWN. THE LD DR HAS NO OBJECTION, IF THE APPEAL OF THE AS SESSEE IS DISMISSED AS WITHDRAWN. 4 THE ASSESSEE HAS STATED IN THE LETTER DATED 20.3. 2012 AS UNDER: THE CAPTIONED APPEAL IS FIXED FOR TODAY BEFORE YOUR HONOURS. THE MATTER PERTAINS TO AN ORDER PASSED U/S 263 OF THE ACT WHEREI N THE LD CIT HAD DIRECTED THE ASSESSING OFFICER TO CARRY OUT CERTAIN FACTUAL V ERIFICATIONS AGAINST WHICH THE ASSESSEE WAS IN APPEAL. THE LD ASSESSING OFFICE R HAS ON COMPLETION OF FACTUAL VERIFICATION PASSED THE ORDER IN FAVOUR OF THE ASSESSEE JOINT VENTURE. WE THEREFORE, DO NOT WISH TO PURSUE THIS APPEAL ON T HE TECHNICAL GROUNDS. HCC HCC HCC HCC- -- -L&T L&T L&T L&T PURULIA JOINT VENTURE PURULIA JOINT VENTURE PURULIA JOINT VENTURE PURULIA JOINT VENTURE ITA NO. 4124/MUM ITA NO. 4124/MUM ITA NO. 4124/MUM ITA NO. 4124/MUM /2011 /2011 /2011 /2011 (ASST YEAR 2006 (ASST YEAR 2006 (ASST YEAR 2006 (ASST YEAR 2006- -- -07) 07) 07) 07) 2 5 IN VIEW OF THE REQUEST OF THE ASSESSEE AND THE ST ATEMENT OF THE LD AR OF THE ASSESSEE, WE ALLOW THE ASSESSEE TO WITHDRAW THE APP EAL AND CONSEQUENTLY, THE APPEAL OF THE ASSESSEE IS DISMISSED, BEING WITHDRAW N. 7 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED ON THIS ORDER PRONOUNCED ON THIS ORDER PRONOUNCED ON THIS ORDER PRONOUNCED ON THIS 28 2828 28 TH THTH TH , ,, , DAY OF DAY OF DAY OF DAY OF MAR MAR MAR MAR 2012 2012 2012 2012 SD/ SD/ SD/ SD/ SD/ SD/ SD/ SD/- -- - ( (( ( RAJENDRA RAJENDRA RAJENDRA RAJENDRA ) )) ) ACCOUNTANT MEMBER ( (( ( VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO ) )) ) JUDICIAL MEMBER PLACE: MUMBAI : DATED:28 TH , MAR 2012 RAJ* RAJ* RAJ* RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI