J.M. HUBER INDIA P. LTD, MUMBAI V. ACIT (OSD)-8(3), MUMBAI

ITA 5339/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55323 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2006-2007
• Appeal Filed On: 29-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 234B

Judgement Text

1 ITA NOS. 5339 & 5340/MUM/2010 (ASST YEARS 2006-07 & 07-08) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI J SUDHAKAR REDDY, AM & SHRI VIJAY PAL RAO, JM ITA NOS. 5339 & 5340/MUM/2010 (ASST YEARS 2006-07 & 07-08) J M HUBER INDIA P LTD 4014/4019 OBEROI GARDEN ESTATE CHANDIVALI FARMS ROAD ANDHERI (E) MUMBAI 72 VS THE ASST COMMR OF INCOME TAX (OSD) - 8(3), MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AAACH2842A ASSESSEE BY NONE REVENUE BY SHRI SANJIV DUTT DT.OF HEARING 12 TH SEPT 2011 DT OF PRONOUNCEMENT 21 ST SEPT 2011 PER VIJAY PAL RAO, JM THESE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 2 ND MARCH 2010 OF THE CIT (A) RELATING TO ASST. YEAR 2 006-07. 2 NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN THE APPEALS WERE CALLED FOR HEARING; HOWEVER, WE FIND THAT THE ASSES SEE, VIDE LETTER DATED 8 TH SEPT L 2011 MADE A REQUEST FOR THE WITHDRAWAL OF THE PRESE NT APPEAL. THE CONTENTS OF THE LETTER READ AS UNDER: THE ABOVE MENTIONED APPEAL HAS BEEN FIXED FOR HEAR ING BEFORE THE MUMBAI BENCH I ON 12 SEPT 2011. IN THIS CONNECTION, WE WOULD LIKE TO MENTION THAT T HE ISSUE IN THE APPEAL RELATES TO APPLICATION OF PROVISIONS OF SEC. 234B AND 234C OF THE INCOME TAX ACT, 1961 (THE ACT) TO THE APPELLANT, WHOSE TAXABILITY IS GOVERNED BY THE PROVISIONS OF SEC. 115JB. SINCE THIS ISSUE IS NOW DECIDED BY THE APEX COURT IN THE CASE OF ROLTA INDIA LTD 330 ITR 470 AGAINST THE TAXPAYER, WE WOULD LIKE TO WITHDRAW THE ABOVE APPEAL FILED BY US. UNDER THE CIRCUMSTANCES WE HAVE TO REQUEST YOU TO K INDLY TREAT OUR APPEAL AS WITHDRAWN AND INFRUCTUOUS. WE TRUST OUR REASONABLE REQUEST WILL BE ACCEDED TO AND REGRET THE INCONVENIENCE CAUSED. 2 ITA NOS. 5339 & 5340/MUM/2010 (ASST YEARS 2006-07 & 07-08) 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 APEX COURT IN THE CASE OF ROLTA INDIA LTD (SUPRA). THE LD DR DID NOT RAISE ANY OBJECTION . ACCORDINGLY, IN VIEW OF THE REQUEST OF THE ASSESSEE AND IN THE FACT AND CIRCUM STANCES OF THE CASE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. 4 IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE STAND DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 21 ST DAY OF SEPT 2011. SD/ SD/- ( J SUDHAKAR REDDY ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 21 ST 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