MERCATOR LINES LTD, MUMBAI V. DCIT 5(2), MUMBAI

ITA 5306/MUM/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55278 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-09-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 16-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order

Judgement Text

1 ITA NO. 5306/MUM/2009 (ASST YEAR 2003-04) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI R S SYAL , AM & SHRI VIJAY PAL RAO, J M ITA NO. 5306/MUM/2009 (ASST YEAR 2003-04) MERCATOR LINES LTD 3 RD FLOOR, MITTAL TOWER - B-WING NARIMAN POINT MUMBAI 400 021 VS THE DY COMMR OF INCOME TAX 5(2), MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AAACM5007A ASSESSEE BY NONE REVENUE BY SMT REENA JHA TRIPATHI DT.OF HEARING 6 TH SEPT 2011 DT OF PRONOUNCEMENT 16 TH SEPT 2011 PER VIJAY PAL RAO, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED14.7.2009 OF THE CIT (A) RELATING TO ASST. YEA R 1997-98. 2 NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN THE APPEAL WAS CALLED FOR HEARING; HOWEVER, WE FIND THAT THE ASSESSEE, VI DE LETTER DATED 7 TH APRIL 2011 MADE A REQUEST FOR THE WITHDRAWAL OF THE PRESENT AP PEAL. THE CONTENTS OF THE LETTER READS AS UNDER: WE HAVE FILED THE ABOVE APPEAL BEFORE THE HONBLE INCOME TAX APPELLATE TRIBUNAL. B BENCH, MUMBAI FOR ASSESSMENT YEAR 2003-04. THE AP PEAL HAS BEEN FILED FOR HEARING ON 12.4.2011. IN THIS CONNECTION WE WOULD LIKE TO INFORM YOU THAT WE WISH TO WITHDRAW THE ABOVE APPEAL FILED BEFORE THE ITAT SINCE THE MATTER HAS A LREADY BEEN DISPOSED OFF BY THE HON ITAT AGAINST 263 ORDER.: 3 IT IS CLEAR FROM THE ABOVE LETTER THAT THE ASSESS EE DOES NOT WANT TO PURSUE THE PRESENT APPEAL IN VIEW OF THE DECISION OF THE TRIBU NAL AGAINST THE REVISION ORDER OF THE COMMISSIONER U/S 263. 2 ITA NO. 5306/MUM/2009 (ASST YEAR 2003-04) 4 THE LD DR DID NOT RAISE ANY OBJECTION. ACCORDIN GLY, IN VIEW OF THE REQUEST OF THE ASSESSEE AND IN THE FACT AND CIRCUMSTANCES OF THE CASE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. 3 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE S TANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 16 TH , DAY OF SEPT 2011. SD/- SD/- ( R S SYAL ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 16 TH , SEPT 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI