KETAN DALAL, MUMBAI V. ITO 11(2)(4), MUMBAI

ITA 4425/MUM/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49672 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-10-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 23-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K B MENON
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, A , MUMBAI BEFORE S/SHRI D.K.AGARWAL (JM) AND R.K.PANDA (A.M ) ITA NO.4425/MUM/2009 (ASSESSMENT YEAR: 2004-05) MR.KETAN DALAL, FLAT NO.G, BAUG-E-SARA, 2 ND FLOOR, 16, NAPEANSEA ROAD, OPP.AXIS BANK, MUMBAI-400036. PAN: AAAPD4399P INCOME TAX OFFICER 11(2)(4), AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI-400020. APPELLANT V/S RESPONDENT DATE OF HEARING : 28.7.2011 DATE OF PRONOUNCEMENT : 28.7.2011 APPELLANT BY : NONE (WITHDRAWAL LETTER DATED:1 2.11.2010) RESPONDENT BY : SHRI P.K.B.MENON O R D E R PER D.K.AGARWAL (JM) THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 1.5.2009 PASSED BY THE LEAR NED COMMISSIONER OF INCOME TAX (A) FOR THE ASSESSMENT YEAR 2004-05 TAKING FOLLOWING GROUND OF APPEAL: THE LEARNED CIT(A) ERRED IN RESTORING THE MATTER TO THE FILE OF AO EXPENSE UNDER SECTION 14-A AND RULE 8D O N THE PLEA THAT THE SHARE INCOME FROM. 2. THE ASSESSEE VIDE LETTER DATED 12.11.2010 SUBMI TTED AS UNDER : ITA NO.4425/MUM/2009 (ASSESSMENT YEAR: 2004-05) 2 1. THE ONLY ISSUE IN REGARD TO THE DISALLOWANCE O F RS.1,95,803/- UNDER SECTION 14A R.W. RULE 8D OF TH E ACT. 2. THE AO HAS RESTRICTED THE DISALLOWANCE UNDER SECTION 14A TO RS.73,379/- VIDE ORDER DATED 14.10.2 010 PASSED UNDER SECTION 143(3) R.W.S.250 OF THE ACT. 3. THE APPEAL BEFORE HONBLE TRIBUNAL IS INFRUCTUOUS IN THE ABSENCE OF ANY OBJECTION RAISED BY THE LEARN ED D.R. AGAINST THE WITHDRAWAL OF THE ASSESSEES APPEAL, TH E APPEAL FILED BY THE ASSESSEE IS TREATED AS DISMISSED BEING WITHDRAWN. 3. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.7.2011. SD SD ( R.K.PANDA) (D.K.AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 28 TH JULY, 2011 SRL: COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH 6. GUARD FILE. BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI