KALPESH VAGHASIA, MUMBAI V. PR. CIT - 32 , MUMBAI

ITA 4451/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7495 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 01-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ./ I.T.A. NO. 4451/MUM/2019 ( / ASSESSMENT YEARS : 2010-11 KALPESH VAGHASIA 701, 7 TH FLOOR, KINGHA APARTMENT, JUHU TARA ROAD, JUHU, MUMBAI 400 049. / VS. PR. CIT -32 C-11, 2 ND FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA, MUMBAI 400 051. ./ ./ PAN/GIR NO. : AAEPV7332E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : MS. MAMTA BANSAL / DATE OF HEARING 29/01/2020 !'# / DATE OF PRONOUNCEMENT 29/01/2020 / O R D E R PER SHRI VIKAS AWASTHY- JM: THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINS T THE ORDER OF PR. CIT -32, MUMBAI, DATED 25.03.2019 PASSED U/S 263 OF THE INCOME TAX ACT, 1961 (HEREIN AFTER REFERRED TO AS THE ACT) F OR THE A.Y 2010-11. 2. A COPY OF LETTER DATED 28.1.2020 WITH A REQUEST TO WITHDRAW APPEAL HAS BEEN RECEIVED FROM THE ASSESSEE. THE RE LEVANT EXTRACT OF THE SAID LETTER IS REPRODUCED HEREIN BELOW: ITA NO .4451/MUM/2019. KALPESH VAGHASIA, MUMBAI. - 2 - BEFORE HONBLE HBENCH ON 29.01.2020 IN THE CASE OF : KALPESH VAGHASIA APPEAL NO. : 4451/M/19 ASSESSMENT YEAR: 2010-11 SUB: REQUEST FOR WITHDRAWAL OF APPEAL THE ABOVE APPEAL IS FIXED FOR HEARING ON 29.01.2020 BEFORE THE HONBLE HBENCH. IN THIS RESPECT IT IS STATED THAT PR. CO MMISSIONER OF INCOME TAX HAS PASSED A REVISION ORDER U/S 263 DATED 25.03 .2019 WHEREIN CERTAIN DIRECTIONS WERE ISSUED TO THE ASSESSING OFF ICER. AGAINST THE SAID ORDER, THE ASSESSEE HAD FILED THE IMPUGNED APPEAL B EFORE THE HONBLE TRIBUNAL. IN THE MEANTIME, THE ASSESSING OFFICER H AS PASSED THE ORDER U/S 143(3) R.W.S 263 OF THE INCOME TAX ACT, 1961 DA TED 16.12.2019 WHEREIN HE HAS VERIFIED THE FACTS AND NO ADDITION H AS BEEN MADE ON THE ISSUE RAISED IN THE REVISION ORDER (COPY ENCLOSED). IN LIGHT OF THE SAME, THE ORDER PASSED BY THE LD. C IT HAS BEEN RENDERED INFRUCTUOUS. ACCORDINGLY, THE ASSESSEE WISHES TO W ITHDRAW THE IMPUGNED APPEAL PENDING BEFORE YOUR HONOUR IN LIGHT OF THE ORDER EFFECT PASSED BY AO. THE ASSESSEE RESERVES ITS RIG HT TO RE-FILE THE APPEAL IN CASE THE ORDER PASSED BY AO IS AGAIN SUBJECTED T O REVIEW. WE, REQUEST YOUR HONOUR TO KINDLY ALLOW THE SAME. YOUR HONOURS KIND COOPERATION IN THE ABOVE MATTER WILL BE HIGHLY APPR ECIATED. WE NEVERTHELESS, ARE EXTREMELY SORRY FOR THE INCONVENI ENCE, IF ANY, CAUSED TO YOUR HONOUR. THANKING YOU, YOURS FAITHFULLY, SD/- KALPESH VAGHASIA 3. MS. MAMTA BANSAL, REPRESENTING THE DEPARTMENT ST ATED AT THE BAR THAT SHE HAS NO OBJECTION IF THE ASSESSEE WISHES TO WITHDRAW PRESENT APPEAL. ITA NO .4451/MUM/2019. KALPESH VAGHASIA, MUMBAI. - 3 - 4. IN THE LIGHT OF AFOREMENTIONED REQUEST FROM THE ASSESSEE TO WITHDRAW APPEAL, THE APPEAL BY THE ASSESSEE IS DISM ISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT AFTER HEARING O N WEDNESDAY THE, 29 TH DAY OF JANUARY, 2020. SD/- SD/- (S.RIFAUR RAHMAN) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 29/01/2020 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. &'( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// / ( ASST. REGISTRAR) $%, / ITAT, MUMBAI