SATISH B. RAHEJA, MUMBAI V. ITO (IT) 2(1), MUMBAI

ITA 4589/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9712 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 04-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARJU GARODIA
• Keywords: Permanent establishment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4589/MUM/2016 ASSESSMENT YEAR: 2005 - 06 & ITA NO. 4590/MUM/2016 ASSESSMENT YEAR: 2006 - 07 SHRI SATISH B. RAHEJA C/O. M/S G.M. KAPADIA & CO. 1007, RAHEJA CHAMBERS, 10 TH FLOOR, 213, NARIMAN POINT, MUMBAI - 400021. VS. ITO(IT) - 4(1)(1) SCINDIA HOUSE, BALLARD PIER, MUMBAI - 400001 PAN NO. AGJPR3622G (APPELLANT) (RESPONDENT) ASSESSEE BY : MR. HITESH TRIVEDI , AR REVENUE BY : MS. ARJU GARODIA , DR DATE OF HEARING : 08/03 /2018 DATE OF PRONOUNCEMENT: 27/03/2018 ORDER PER N.K. PRADHAN, AM THE CAPTIONED APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSI ONER OF INCOME TAX (APPEALS) - 58 , MUMBAI AND ARISE OUT OF THE ASSESSMENT COMPLETED U/S 143(3) RW.S. 147 OF THE INCOME TAX ACT 1961 (THE ACT). AS COMMON ISSUES ARE INVOLVED, WE ARE PROCEEDING TO DISPOSE THEM OFF THROUGH A CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. SHRI SATISH B. RAHEJA ITA NO. 4589 & 4590/MUM/2016 2 2. THE LD. COUNSEL OF THE ASSESSEE FILED AN APPLICATION DATED 06.03.2018 FOR WITHDRAWAL OF APPEAL SUBMITTING THE FOLLOWING: IN THE MATTER, THE APPELLANT SUBMITS THAT THERE WOULD NOT BE ANY FURTHER TAX EFFECT OUT OF THE APPEAL FILED BY THE APPELLANT. THE APPELLANT HAS NOT BEEN SERVED WITH NOTICE/INTIMATION OF ANY APPEAL HAVING BEEN FILED BY THE DEPARTMENT CHALLENGING THE ORDER O F THE CIT(A) AS THE DEPARTMENT APPEARS TO HAVE ACCEPTED THE ORDER OF THE CIT(A), THE GROUNDS RAISED BY THE APPELLANT BECOME ACADEMIC IN NATURE. IN SUCH CIRCUMSTANCES, THE APPELLANT SEEKS LEAVE TO WITHDRAW THE APPEAL FILED BEFORE THE ITAT, WITH LIBERTY TO H AVE HIS APPEAL REINSTATED IN THE EVENT THE DEPARTMENT HAS IN FACT FILED AN APPEAL CHALLENGING THE ORDER OF THE CIT(A). THE APPELLANT SUBMITS THAT THE WITHDRAWAL OF AFORESAID APPEAL IN TERMS AFORESAID SHOULD NOT BE CONSTRUED AS ACCEPTANCE OF THE ORDER OF T HE CIT(A) BY THE APPELLANT UPHOLDING REASSESSMENT ON A DIFFERENT GROUND AND HOLDING APPELLANTS POWER OF ATTORNEY HOLDER TO BE CONSTITUTING A DEPENDENT AGENT PERMANENT ESTABLISHMENT. THERE WAS NO OPPOSITION BY THE LD. DR TO THE ABOVE APPLICATION OF THE A SSESSEE TO WITHDRAW THE APPEAL. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, T HE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. THUS THE APPEAL S ARE DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 27/03/2018. SD/ - SD/ - ( SAKTIJIT DEY ) (N.K. PRADHAN) JUD ICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 27/03/2018 RAHUL SHARMA, SR. P.S. SHRI SATISH B. RAHEJA ITA NO. 4589 & 4590/MUM/2016 3 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 . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI