MAGUS ESTATES & HOTELS P. LTD, MUMBAI V. CIT 5,

ITA 5485/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3512 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 28-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 14-08-2013
• Court: TRIBUNAL
• Department Lawyers: N P SINGH
• Assessee Lawyers: HARDIR MEHTA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI R. C. SHARMA , ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ./ I.T.A. NO. 5485/MUM/2013 ( / ASSE SSMENT YEAR: 2009 - 10 ) MAGUS ESTATES & HOTELS LTD. 114, DR. E MOSES ROAD, WORLI, MUMBAI - 400 018 / VS. CIT - 5, MUMBAI ./ ./ PAN/GIR NO. AADCM 1868 J ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI HARDIR MEHTA / RESPONDENT BY : SHRI N. P. SINGH / DATE OF HEARING : 14.7.2016 / DATE OF PRONOUNCEMENT : 17 .8.2016 / O R D E R PER R. C. SHARMA, A. M.: THIS IS AN APPEAL FI LED BY THE ASSESSEE AGAINST THE ORDER BY THE LD. CIT(A) - 5, MUMBAI DATED 17.6.2013 FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10, WHEREIN FOLLOWING GROUND HA S BEEN TAKEN BY THE ASSESSEE : - 1. THE HONOURABLE COMMISSIONER OF INCOME TAX (CIT) IS NOT JUSTIFIED IN R EOPENING THE ASSESSMENT U/S. 263 OF THE INCOME TAX ACT, 1961 ON THE GROUND THAT THE APPELLANT HAD FURNISHED DETAILS DURING THE COURSE OF ASSESSMENT IGNORING THE FACT THAT THE A. APPELLANT HAD SUBMITTED ALL THE DETAILS CALLED FOR IN THE COURSE OF THE ASSESSME NT. 2 ITA NO. 5485/MUM/2013 (A.Y. 2009 - 10) MAGUS ESTATES & HOTELS LTD. VS. CIT B. THE ASSESSING OFFICER PASSED THE ORDER U/S. 143(3) AFTER APPLYING HIS MIND AND HAD CALLED FOR ALL NECESSARY DETAILS NECESSARY AND ALSO SCRUTINIZED ALL THE DETAILS SUBMITTED IN THE COURSE OF ASSESSMENT. 2. AT THE OUTSET THE LD. AR DRAWN OUR ATTENTION T O THE LETTER DATED 21.12.2015, WHEREIN IT WAS REQUESTED THAT SINCE THE ORIGINAL ORDER U/S. 263 AGAINST WHICH THIS APPEAL WAS PREFERRED BY THE ASSESSEE STANDS QUASHED, THE APPEAL BECOME INFRUCTOUS. IT WAS, THEREFORE, REQUESTED TO PERM IT FOR WITHDRAWAL OF TH E APPEAL. THE LD. DR HAS NO OBJECTION. ACCORDINGLY, WE ALLOW WITHDRAWAL OF APPEAL. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 17 , 201 6 SD/ - SD/ - ( SANDEEP GOSAIN ) ( R. C. SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI ; / DATED : 17 . 0 8 .201 6 . . ./ ROSHANI , SR. P S / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT , MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI