PRIMA VETCARE P. LTD, MUMBAI V. DCIT CIR 7(1), MUMBAI

ITA 5429/MUM/2008

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55170 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-09-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 29-08-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJNISH D BURMAN
• Keywords: Reopening of assessment; Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI B.R. MITTAL (JUDICIAL MEMBER) AND SHRI B. RAMAKOTAIAH (ACCOUNTANT MEMBER) ITA NOS. 5429 TO 5433/MUM/2008 ASSESSMENT YEARS- 2001-02 TO 2005-06 M/S. PRIMA VETCARE PVT. LTD., 8, GREAT WESTERN BLDG., 2 ND FLOOR, 130/132, S. BHAGAT SING ROAD, MUMBAI-400 023 PAN-AAACP 2693K VS. THE DCIT, CIR 7(1), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PANKAJ SHAH RESPONDENT BY: SHRI RAJNISH D. BURMAN DATE OF HEARING : 19.09.2011 DATE OF PRONOUNCEMENT:19.09.2011 O R D E R PER BENCH : THE ASSESSEE HAS FILED THESE APPEALS FOR ASSESSMEN T YEARS 2001-02 TO 2005-06 AGAINST COMMON ORDER OF LD. CIT(A) DT. 04.0 6.2008 ON COMMON GROUNDS I.E. (I) DISPUTING REOPENING OF ASSESSMENT U/S. 147 OF THE ACT AND (II) TREATING THE LEASE RENT AS INCOME FROM HOUSE PROPER TY INSTEAD OF BUSINESS INCOME CLAIMED BY THE ASSESSEE. 2. AT THE TIME OF HEARING, ON BEHALF OF THE ASSESSE E, LD. AR FILED A LETTER DT. 19 TH SEPTEMBER,2011 STATING THAT HE WANTS TO WITHDRAW T HESE APPEALS FILED BY THE ASSESSEE. ITA NOS5429 TO 5433/M/2008 2 3. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED TH AT HE HAS NO OBJECTION TO ADMIT THE ABOVE SUBMISSION OF LD. AR. 4. IN VIEW OF ABOVE SUBMISSION OF LD. REPRESENTATIVE S OF THE PARTIES AND CONSIDERING LETTER DT. 19 TH SEPTEMBER, 2011, ON BEHALF OF THE ASSESSEE, PLACED ON RECORD, WE DISMISS ALL THE APPEALS OF THE ASSESS EE FOR ASSESSMENT YEARS 2001-02 TO 2005-06 AS WITHDRAWN. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE AR E DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING. SD/- SD/- ( B. RAMAKOTAIAH) (B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 19 TH SEPTEMBER, 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR C BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI ITA NOS5429 TO 5433/M/2008 3 DATE INITIALS 1. DRAFT DICTATED ON: 19.9.2011 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 19.09.2011 SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: SR. PS/PS 6. ORDER PRONOUNCED ON: SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: SR. PS/PS 9. DATE ON WHICH FILE GOES TO AR 10. DATE OF DISPATCH OF ORDER: