MARATHON IT INFRASTRUCTURE PRIVATE LIMITED , MUMBAI V. INCOME TAX OFFICER-15(2)(3), MUMBAI

ITA 5409/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6286 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 21-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KIRAN P KAPADIA

Judgement Text

P A G E | 1 ITA NO. 5409/MUM/2017 AY. 2009 - 10 M/S MARATHAN IT INFRASTRUCTURE PVT. LTD. VS. INCOME TAX OFFICER - 15(2) IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.5409/MUM/2017 (ASSESSMENT YEAR: 2009 - 10 ) M/S MARATHAN IT INFRASTRUCTURE PVT. LTD., 702, MARATHAN MAX, JUNCTION OF MULUND GOREGAON LINK ROAD, MULUND (W) MUMBAI 400080 VS. INCOME TAX OFFICER - 15(2) AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI - 400020 PAN AAFCM3514P (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI KIRAN P. KAPADIA , A.R RESPONDENT BY: SHRI RAJESH OJHA , D.R DATE OF HEARING: 23 .07.2019 DATE OF PRONOUNCEMENT: 2 3 .07.2019 O R D E R PER RAVISH SOOD, JM THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 24, MUMBAI, DATED 05.06.2017, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC.143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 31.03.2015 FOR A.Y.2009 - 10. THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED , THAT AS INSTRUCTED , THE ASSESSEE SEEKS TO WITHDRAW THE PRESENT APPEAL. A LETTER DATED 23.07.2019 REQUESTING THAT THE APPEAL MAY BE PERMITTED TO BE WITHDRAWN HAD ALSO BEEN PLACED ON RECORD. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) DID NOT P A G E | 2 ITA NO. 5409/MUM/2017 AY. 2009 - 10 M/S MARATHAN IT INFRASTRUCTURE PVT. LTD. VS. INCOME TAX OFFICER - 15(2) OBJECT TO THE SEEKING OF WITHDRAWAL OF THE AFORESAID APPEAL BY THE ASSESSEE. 2. IN THE BACKDROP OF THE AFORESAID CONCESSION ON THE PART OF THE LD. A.R, WE HEREIN ALLOW THE WITHDRAWAL OF THE AFORESAID APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRO NOUNCED IN THE OPEN COURT ON 2 3 . 07.2019 S D / - S D / - ( N.K. PRADHAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 23 .07.2019 PS: ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 5409/MUM/2017 AY. 2009 - 10 M/S MARATHAN IT INFRASTRUCTURE PVT. LTD. VS. INCOME TAX OFFICER - 15(2)