JITENDRA SHANTILAL JAIN, MUMBAI V. ACIT 11(2), MUMBAI

ITA 5268/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71471 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2008-2009
• Appeal Filed On: 21-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K SAHU

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL J JJ J BENCH, BENCH, BENCH, BENCH, MUMBAI MUMBAI MUMBAI MUMBAI , . . . ! ! ! ! , ' ' ' ' #$ #$ #$ #$ BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM & & & & SHRI SHRI SHRI SHRI N. K. BILLAIYA N. K. BILLAIYA N. K. BILLAIYA N. K. BILLAIYA, AM , AM , AM , AM ./ I.T.A I.T.A I.T.A I.T.A. NO. . NO. . NO. . NO.5268/MUM/2012 5268/MUM/2012 5268/MUM/2012 5268/MUM/2012 ( % % % % & & & & / ASSESSMENT YEAR :2008-09) SHRI JITENDRA SHANTILAL JAIN, 21/277, RAMKRISHNA NAGAR, S.V. ROAD, KHAR (WEST), MUMBAI-400052 / VS. ACIT 11(2) AAYAKAR BHAVAN, 4 TH FLOOR, M. K. ROAD, MUMBAI-400020 $' ' ./ ( ./ PAN/GIR NO. :AAKPJ0763H ( ') / APPELLANT APPELLANT APPELLANT APPELLANT) .. ( *+') / RESPONDENT RESPONDENT RESPONDENT RESPONDENT) ') ') ') ') , , , , / APPELLANT BY : SHRI JITENDRA JAIN *+') *+') *+') *+') - -- - , , , , /RESPONDENT BY : SHRI R. K. SAHU - -- - .' .' .' .' / DATE OF HEARING : 9 TH OCTOBER 2013 /0& /0& /0& /0& - -- -.' .' .' .' /DATE OF PRONOUNCEMENT: 9 TH OCTOBER 2013 #1 / O R D E R PER : , . . / VIJAY PAL RAO, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 8.6.2012 OF COMMISSIONER OF INCOME TAX(APPEALS) FOR THE ASSESSMENT YEAR 2008-09. THE ASSESSEE HAS CHALLENGED THE IMPUG NED ORDER OF CIT(A) WHEREBY THE ADDITION OF ` 40,000/- WAS UPHELD. 2. AT THE TIME OF HEARING THE LD. AR OF THE ASSESSE E HAS SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PURSUE/CONTEST THE PR ESENT APPEAL BECAUSE OF THE SMALLNESS OF THE AMOUNT INVOLVED. THE ASSESS EE HAS ALSO FILED A LETTER FOR SEEKING WITHDRAWAL OF THE PRESENT APPEAL . THUS, THE LD. AR HAS PLEADED THAT THE APPEAL OF THE ASSESSEE MAY BE ALLO WED TO BE WITHDRAWN. ON THE OTHER HAND, THE LD. DR HAS NO OBJECTION IF T HE APPEAL OF THE ITA NO.5268/M/2012 JITENDRA SHANTILAL JAIN 2 ASSESSEE IS DISMISSED AS WITHDRAWN. IN VIEW OF THE STATEMENT OF LD. AR OF THE ASSESSEE AS WELL AS THE REQUEST OF THE ASSESSEE IN WRITING, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 9 TH DAY OF OCTOBER 2013 SD/- SD/- ( . . ! ) ' #$ (N. K. BILLAIYA) ACCOUNTANT MEMBER ( ) % #$ (VIJAY PAL RAO) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 9 TH OCTOBER 2013 SUBODH COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI