MANDHANA INDUSTRIES LTD, MUMBAI V. DCIT CEN CIR 5, MUMBAI

ITA 4786/MUM/2014

• Counselvise Citation: 478619914 RSA 2014
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 16-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Keywords: Rectification of order

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI . . , , , BEFORE SHRI R.C. SHARMA , ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEM BER . / ITA NO. 4786 / MUM./ 2014 ( / ASSESSMENT YEAR : 20 0 8 - 09 ) M/S. MANDHANA INDUSTRIES LTD. 205 - 214, PENINSULA CENTRE DR. S.S. RAO ROAD PAREL, MUMBAI 400 012 .. / APPELLANT V/S DY . COMMISSIONER OF INCOM E TAX CENTRAL CIRCLE 5 , OLD CGO BLDG ANNEXE 101, M.K. ROAD, MUMBAI 400 020 .... / RESPONDENT . / PERMANENT ACCOUNT NUMBER AABCM6615M / ASSESSEE BY : NONE / REVENUE BY : SHRI VIVEK BATRA / DATE OF HEARING 02 .0 9 .2014 / DATE OF ORDER 02.09.2014 / ORDER , / PER AMIT SHUKLA , J.M. THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE C HALLENGING THE IMPUGNED ORDER DATED 5 TH MAY 2014, PASSED BY THE LEARNED COMMISSIONER (APPEALS) XXXVI, MUMBAI, FOR THE ASSESSMENT YEAR 200 8 09, IN THE MATTER OF PENALTY UNDER SECTION 271(1)(C), LEVIED BY THE ASSESSING OFFICER AND CONFIRMED BY THE LEARNED CO MMISSIONER (APPEALS). M/S. MANDHANA INDUSTRIES LTD. 2 2. W HEN THE CASE WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORIZED REPRESENTATIVES APPEARED. HOWEVER, ON GOING THROUGH THE MATERIAL AVAILABLE BEFORE US, WE FIND THAT THE ASSESSEE HAS FILED A LETTER DATED 8 TH AUGUST 2014, SUBMITTING THEREWITH THAT SINCE THE FIRST APPELLATE AUTHORITY HAS DELETED THE PENALTY UNDER SECTION 271(1)(C), BY ISSUING RECTIFICATION ORDER DATED 4 TH AUGUST 2014, THEREFORE, IT DID NOT WISH TO PRESS THIS APPEAL. THE LEARNED DEPARTMENTAL REPRESENTAT IVE DID NOT MAKE ANY OBJECTION TO THE CONTENTS OF THE SAID LETTER. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. 3. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. 2 ND SEPTEMBER 2014 ORDER PRONOUNCED IN THE OPEN COURT O N 2 ND SEPTEMBER 2014 SD/ - . . R .C. SHARMA ACCOUNTANT MEMBER SD/ - AMIT SHUKLA JUDICIAL MEMBER MUMBAI, DATED : 2 ND SEPTEMBER 2014 / COPY OF THE ORDER FORWARDED TO : (1) / THE ASSESSEE ; (2) / THE REVENU E; (3) ( ) / THE CIT(A ) ; (4) / THE CIT, MUMBAI CITY CONCERNED ; (5) , , / THE DR, ITAT, MUMBAI ; (6) / GUARD FILE . / TRUE COPY / BY ORDER . / PRADEEP J. CHOWDHURY / SR. PRIVATE SECRETARY / / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI