RIZWAN MAINUDDIN BHARMAL, MUMBAI V. ITO WD 1(3), THANE

ITA 5325/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55028 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 30-08-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 29-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS KU SUM INGALE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J , MUMBAI BEFORE S/SHRI D.K.AGARWAL (JM) AND RAJENDRA SINGH(A .M ) ITA NOS. 5325 TO 5328/MUM/2010 (ASSESSMENT YEARS: 2002-03 TO 2005-06) RIZWAN MAINUDDIN BHARMAL, H.NO. 18, IQBAL MANZIL, 5 TH NIZAMPURA, BHIWANDI, DIST.THANE. PAN: AJUPB7492C INCOME TAX OFFICER, WARD 1(3), 2 ND FLOOR, RANI MANSION, MURBAD ROAD, KALYAN, DIST.THANE. APPELLANT V/S RESPONDENT DATE OF HEARING : 30.8.2011 DATE OF PRONOUNCEMENT : 30.8.2011 APPELLANT BY : NONE RESPONDENT BY : MRS.KUSUM IN GALE O R D E R PER D.K.AGARWAL (JM) ALL THESE APPEALS PREFERRED BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 29.3.201 0 PASSED BY THE LD.CIT(A) FOR THE ASSESSMENT YEARS 2002-03, 2003-04, 2004-05 AND 2005-06. SINCE COMMON ISSUE IS INVOLVE D, ALL THESE APPEALS ARE DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE 2. THE COMMON GROUNDS TAKEN BY THE ASSESSEE IN ALL THESE APPEALS EXTRACTED FROM ITA NO.5325/MUM/2010 FOR THE ASSESSMENT YEAR 2002-03 READ AS UNDER : ITA NOS. 5325 TO 5328/MUM/2010 (AYS: 2002-03 TO 2005-06) 2 ON FACTS AND IN LAW, 1A. THE LEARNED ERRED IN CONFIRMING THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. THE PENALTY LEVIED U/S 271(1)(C) MAY PLEASE BE CANCELLE D; 1B. THE LD. CIT(A) ERRED IN NOT APPRECIATING THE FACT THAT THE NUMBER OF BUFFALOES ALLEGEDLY ACQUIRED IN THE YEAR UNDER APPEAL AS WELL AS THE COST OF SUCH BUFF ALOES HAVE BEEN DETERMINED ON ESTIMATED BASIS AND THEREFO RE PENALTY U/S 271(1)(C) WOULD NOT BE ATTRACTED ON SUC H INCOME DETERMINED ON ESTIMATED BASIS; 1C. THE LD. CIT(A) ERRED IN CONFIRMING THE PENALTY U/S 271(1)(C) LEVIED BY THE LD. AO WITHOUT ARRIVING A T THE FIRM CONCLUSION THAT INCOME OF THE APPELLANT WA S CONCEALED OR INACCURATE PARTICULARS THEREOF WE RE FURNISHED 3. VIDE LETTER DATED 20.8.2011, THE ASSESSEE REQUES TED FOR WITHDRAWAL OF APPEALS WHICH READS AS UNDER : IN THE MATTER OF RIZWAN MAINUDDIN BHARMAL V/S ITO, WARD 1(3), KALYAN PAN: AJUPB7492C ASSESSMENT YEARS: 2002-03, 2003-04, 2004-05 AND 2005-06 APPEAL NOS. 5325, 5326, 5327 AND 5328/MUM/2010 DATE OF HEARING : 22.09.2011 REQUEST FOR WITHDRAWAL OF APPEALS RESPECTED SIRS, *** *** *** ITA NOS. 5325 TO 5328/MUM/2010 (AYS: 2002-03 TO 2005-06) 3 THE ABOVE REFERRED APPEALS HAVE BEEN PREFERRED BY M E AGAINST THE LEVY OF PENALTY U/S 271(1)( C ) FOR THE RELEVANT ASSTT.YEARS. DUE TO CERTAIN REASONS, I DO NOT WISH TO PURSUE TH E ABOVE APPEALS ANY MORE. I THEREFORE HUMBLY REQUEST THAT I MAY KINDLY BE PERMITTED TO WITHDRAW THE AB OVE APPEAL. ACCORDINGLY, I REQUEST YOUR HONOURS TO PLEASE CONSI DER THIS LETTER AS MY APPLICATION FOR WITHDRAWAL OF TH E ABOVE LISTED APPEALS. PLEASE ACCEDE TO MY REQUEST & OBLIGE, THANKING YOU, I REMAIN YOURS FAITHFULLY, SD/- (RIZWAN M.BHARMAL) 4. IN THE ABSENCE OF ANY OBJECTION RAISED BY THE LE ARNED D.R., THE WITHDRAWAL OF THE APPEALS IS ALLOWED AND CONSEQUENTLY THE APPEALS FILED BY THE ASSESSEE ARE TREATED AS DISMISSED BEING WITHDRAWN. 5. IN THE RESULT, THE ASSESSEES APPEALS STAND DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30TH AUGUST, 2011. SD S D (RAJENDRA SINGH) (D. K.AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 30 TH AUGUST, 2011 SRL: ITA NOS. 5325 TO 5328/MUM/2010 (AYS: 2002-03 TO 2005-06) 4 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH 6. GUARD FILE. BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI