ATHARVA CONSTRUCTION CO., MUMBAI V. PR. CIT-29, MUMBAI

ITA 5099/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2771 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 21-10-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Assessee Lawyers: NEELAM GANATRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI RAMLAL NEGI, JUDICIAL MEMBER ITA NO. 5099/MUM/2015 (ASSESSMENT YEAR 2010-11) M/S. ATHARVA CONSTRUCTION CO., (PARTNER- MR. BALKRISHNA SHINGAR), 101, SHREE SHINGAR APARTMENT, ASHWINI COMPOUND, OPP. DESHMUKH GARDEN, M.P.ROAD, MULUND EAST, MUMBAI 400 081 PAN:AANFA 3584G ...... APPELLANT VS. THE PRINCIPAL CIT-29, 3 RD FLOOR, C-10, PRATYAKSH KAR BHAVAN, BKC, MUMBAI 400051 .... RESPONDENT APPELLANT BY : MS. NEELAM GANATRA RESPONDENT BY : SHRI A.RAMACHAN DRAN DATE OF HEARING : 21/09/2016 DATE OF PRONOUNCEMENT : 23/09/2016 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAI NING TO ASSESSMENT YEAR 2010-11 IS DIRECTED AGAINST AN ORD ER PASSED BY PR.CIT- 29 MUMBAI DATED 26/02/2015 WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3 ) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 11/03/2013 . 2 ITA NO. 5099/MUM/2015 (ASSESSMENT YEAR 2010-11) 2. IN THIS CASE, AT THE TIME OF HEARING, THE LD. R EPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT IN THE ASSESSMENT FINALIZED BY THE ASSESSING OFFICER, CONSEQUENT TO THE IMPUGNED ORDER OF THE CO MMISSIONER, THE PLEA OF THE ASSESSEE HAS BEEN ACCEPTED. FOR THIS R EASON, IT IS SUBMITTED THAT THE SAID APPEAL PROCEEDINGS HAVE BECOME INFRUC TUOUS AND IS WITHDRAWN. 3. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NOT CONT ESTED THE STAND OF THE ASSESSEE . 4. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMI SSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 23/09/2016 SD/- SD/- (RAMLAL NEGI) (G.S. PANNU) JUDICIAL MEMBER ACCOCUNTANT MEMBER MUMBAI, DATED 23/09/2016 VM , SR. PS 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