M/S KRISHNA EQUITY & CAPITAL SEVICES PVT. LTD, Mumbai V. ITO 2 (2)(1), Mumbai

ITA 476/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6238 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: misc
• Appeal Filed On: 31-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SACHCHIDANAND DUBE
• Assessee Lawyers: RAJESH KUMAR JHUNJHUNWALA
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H , MUMBAI BEFORE S HRI G. MANJUNATHA (AM ) AND SHRI RAM LAL NEGI (JM) ITA NO. 476 /MUM/20 1 9 ASSESSMENT YEAR: 2013 - 14 M/S KRISHNA EQUITY & CAPITAL SERVICES PVT. LTD., 104, SIR VITHALDAS CHAMBERS, 16, BOM BAY SAMACHAR MARG,FORT, MUMBAI - 400023 PAN: AAACK2304A VS. THE INCOME TAX OFFICER, 2(2)(1), AAYKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAJESH KUMAR JHUNJHUNWALA ( A R ) REVENUE BY : SHRI SACHCHIDANAND DUBE (DR) DATE OF HEARING: 06/01/2020 DATE OF PRONOUNCEMENT: 06 / 01/2020 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER DATED 12.12.2018 PASSED BY THE L D. COMMISSIONER OF INCOME TAX (APPEALS) (FOR SHORT THE CIT (A)) - 5 , MUMBAI , FOR THE A S S ESSMENT YEAR 2013 - 14 , WHEREBY THE LD. CIT (A) HAS DISMISSED THE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED U/S 143 (3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2. THE ASSESSEE HAS PREFERRED THE PRESENT APPEAL AGAINST THE ORDER OF THE LD. CIT (A) BY RAISING THE FOLLOWING EFFECTIVE GROUND S : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT (A) ERRED IN FACTS AND IN LAW IN REJECTING THE APPEAL IN TIME FILED MANUALLY IN HIS OFFICE ON 14.03.2016. 2 ITA NO. 4 76 / MUM/2019 ASSESSMENT YEAR: 2013 - 14 2. THE CIT (A)S ORDER BEING CONTRARY TO LAW, EVIDENCE AND FACTS OF THE CASE SHOULD BE SET ASIDE, AMENDED OR MODIFIED IN THE LIGHT OF THE GROUNDS DEDUCED ABOVE. 3. AT THE OUTSET, TH E LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE PRESENT CASE THE ASSESSEE CHALLENGED THE ASSESSMENT ORDER BEFORE THE LD. CIT (A). THE LD. CIT (A) VIDE HIS ORDER DATED 12.12.2018 DISMISSED THE APPEAL ON THE GROUND THAT THE ASSESSEE HAS NOT FILED THE AP PEAL IN ELECTRONIC FORM. THE ASSESSEE RE - FILED THE APPEAL IN ELECTRONIC FORM ON 05.12.2018 WITH THE REQUEST TO CONDONE THE DELAY IN FILING THE APPEAL AND DECIDE THE SAME ON MERITS . SIMULTANEOUSLY, THE PRESENT APPEAL WAS FILED. THE LD. COUNSEL FURTHER SUBMI TTED THAT THE LD. CIT (A) CONDONE THE DELAY AND PASSED THE ORDER ON 09.09.2019. IN VIEW OF THE AFORESAID FACTS, THE PRESENT APPEAL HAS BECOME INFRUCTUOUS. ACCORDINGLY, THE LD. COUNSEL SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE PRESENT APP EAL . 4. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT OPPOSE THE APPLICATION F ILED BY THE ASSESSEE. 5. WE HAVE PERUSED THE APPLICATION FOR WITHDRAWAL OF APPEAL FILED BY THE ASSESSEE. SINCE, THE APPEAL OF THE ASSESSEE HAS BECOME INFRUCTUOUS, WE ALLOW THE APP LICATION FOR WITHDRAWAL OF THE APPEAL AND DISMISS THE PRESENT APPEAL AS WITHDRAWN. IN THE RESULT, APPEAL FILED BY THE ASSESSEE FOR A SSESSMENT YEAR 2013 - 2014 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JANUARY, 2020 . SD/ - SD/ - ( G. MANJUNATHA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 06 / 01/2020 ALINDRA, PS 3 ITA NO. 4 76 / MUM/2019 ASSESSMENT YEAR: 2013 - 14 / 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