WEST COAST PAPER MILLS LTD, MUMBAI V. ACIT 1(3), MUMBAI

ITA 4168/MUM/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 4199 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2001-2002
• Appeal Filed On: 06-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Assessee Lawyers: MIHIR SHAH
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 4168/MUM/2017 A.Y 2001 - 02 WEST COAST PAPER MILLS LTD. VS. DY. COMMISSIONER OF INCOME TAX - 1(3)(2) IN THE INCOME TAX APPELLATE TRIBUNAL ' G ' BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 4168/MUM/2017 (ASSESSMENT YEAR: 2001 - 02 ) WEST COAST PAPER MILLS LTD, SHREENIWAS HOUSE, HAZARIMAL SOMANI MARG, FORT MUMBAI - 400 001 VS. DY. COMMISSIONER OF INCOME TAX - 1(3)(2) ROOM NO. 540, AAYAKAR BHAVAN MUMBAI - 400020 PAN AAACT4179N ( A PPELLANT) ( RE SPONDENT) ASSESSEE BY: SHRI MIHIR SHAH, A.R REVENUE BY: SHRI NISHANT SAMAIYA, D.R DATE OF HEARING: 03 .10.2018 DATE OF PRONOUNCEMENT: 0 3 . 10.2018 O R D E R PER RAVISH SOOD, JM THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 3, MUMBAI, DATED 27.03.2017, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 29.03.2004 FOR A.Y 2001 - 02. 2. THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) OF THE ASSESSEE S HRI MIHIR SHAH, ACA , AT THE VERY OUTSET OF HEARING OF THE APPEAL PLACED ON RECORD A LETTER DATED 01.10.2018 , SEEKING LIBERTY TO WITHDRAW THE AFOREMENTIONED APPEAL. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) DID NOT OBJECT TO THE AFORESAID REQUEST OF THE COUNSEL FO R THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL. 3. WE HAVE HEARD THE AUTHORIZED REPRESENTATIVES OF BOTH THE PARTIES , AND HAVE PERUSED THE LETTER DATED 01.10.2018 FILED BY THE DULY AUTHORIZED REPRESENTATIVE OF THE ASSESSEE COMPANY. IT IS THE CONTENTION OF THE LD. A.R , P A G E | 2 ITA NO. 4168/MUM/2017 A.Y 2001 - 02 WEST COAST PAPER MILLS LTD. VS. DY. COMMISSIONER OF INCOME TAX - 1(3)(2) THAT AS THE CIT(A) PURSUANT TO AN APPLICATION FOR RECTIFICATION DATED 28.04.2017 FILED BY THE ASSESSEE HAD VIDE HIS ORDER DATED 20.05.2017 RECTIFIED THE ERROR THAT HAD CREPT IN HIS ORDER DATED 27.03.2017, THUS , THE RELIEF SOUGHT BY THE ASSESSEE BY FILING THE PRESENT APPEAL ALREADY STOOD GRANTED. IN THE BACKDROP OF THE FACT , THAT THE REVENUE HAD NOT OBJECTED TO THE AFORESAID REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL, THE SAME IS ACCEPTED. WE THUS, PERMIT THE ASSESSEE TO WITHDRAW THE PRESE NT APPEAL. 4. THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAW N. ORDER PRON OUNCED IN THE OPEN COURT ON 0 3 . 10.2018 S D / - S D / - ( B.R.BASKARAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 03 .10 .2018 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 4168/MUM/2017 A.Y 2001 - 02 WEST COAST PAPER MILLS LTD. VS. DY. COMMISSIONER OF INCOME TAX - 1(3)(2)