ITO -2(1)(1), MUMBAI V. ARCHWAY INVESTMENT CO.LTD., MUMBAI

ITA 4235/MUM/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8121 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 08-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N HEMALATHA
• Section: 263

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ./ I.T.A. NO. 4235/MUM/2017 ( / ASSESSMENT YEAR: 2009 - 10 ) I.T.O. - 2(1)(1), 543, 5 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. M/S. ARCHWAY INVESTMENT CO. LTD. NEVILE HOUSE, BALLARD ESTATE, MUMBAI - 400 001 ./ ./ PAN/GIR NO. AAACA 5507 H ( RE VENUE ) : ( ASSESSEE ) & C.O. NO. 187/MUM/2017 (ARISING OUT OF ITA NO. 4235/MUM/2017) ( / ASSESSMENT YEAR: 2009 - 10) M/S. ARCHWAY INVESTMENT CO. LTD. NEVILE HOUSE, BALLARD ESTATE, MUMBAI - 400 001 / VS. I.T.O. - 2(1)(1), 543, 5 TH FLOOR, AAYAKAR B HAVAN, M. K. ROAD, MUMBAI - 400 020 ( CROSS OBJECTOR ) : ( REVENUE ) REVENUE BY : MS. N. HEMALATHA ASSESSEE BY : SHRI CHAITANYA JOSHI / DATE OF HEARING : 10.10.2017 / DATE OF PRONOUNCEMENT : 14.12 .2017 / O R D E R PE R SHAMIM YAHYA , A. M.: TH E APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE ARISING OUT OF THE ORDER OF THE COMMISSIONER OF INCOME TAX DATED 30.3.2017 , PERTAINING TO THE ASSESSMENT YEAR 2009 - 10. 2 ITA NO. 4235/M UM/2017 & CO NO. 187/MUM/2017 2. AT THE OUTSET, IT IS NOTED THAT THE COMMISSI ONER OF INCOME TAX HAS PASSED HIS APPELLATE ORDER ON THE ORDER PASSED BY THE ASSESSING OFFICER PURSUANT TO REVISION ORDER PASSED BY THE COMMISSIONER OF INCOME TAX U/S. 263 OF THE I. T. ACT. 3. IT TRANSPIRES THAT THIS TRIBUNAL IN ITA NO. 4963/MUM/2014 VIDE ORDER DATED 18.8.2017 HAS QUASHED THE SAID ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX U/S. 263 OF THE ACT. ACCORDINGLY, BOTH THESE APPEALS HAVE NOW BECOME INFRUCTUOUS. BOTH THE LD. COUNSEL OF THE ASSESSEE FAIRLY AGREED TO THIS PROPOSITION. ACCORDI NGLY, THESE CROSS APPEAL STAND DISMISSED BEING INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE STAND S DISMISSED BEING INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 14.12.2017 SD/ - (S HA MIM YAHYA ) / A CCOUNTANT MEMBER MUMBAI ; DATED : 14.12.2017 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI