DCIT 10(1), MUMBAI V. BUNIYAD CHEMICALS LTD, MUMBAI

ITA 5645/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100683 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 05-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N P SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH , JM AND SHRI RAJESH KUMAR , AM ./ ITA NO S. 564 4 &5645 /MUM/2013 ( / ASSESSMENT YEAR S : 2003 - 04 & 2008 - 09 ) D C I T - 10(1) ROOM NO. 455, 4TH FLOOR AYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 / VS. M/S. BUNIYAD CHEMICALS P. LTD. BLOCK - H, SHRI SADSHIV CO.OP HSG. SOCIETY LTD., 6TH FOAD SANTACRUZ (E), MUMBAI 400055 ./ PAN : AABCB6854G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI N.P. SINGH / RESPONDENT BY : SHRI BHUPENDRA SHAH / DATE OF HEARING : 24.08. 2015 / DATE OF PRONOUNCEMENT : 24.08.2015 / ORDER PER BENCH BOTH THESE APPEALS ARE BY THE REVENUE FOR ASSESSMENT YEARS 2003 - 04 AND 2008 - 09. 2. DURING THE HEARING OF THESE APPEALS IT WAS POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE, SHRI BHUPENDRA SHAH THAT THE DEPARTMENT HAS WRONGLY FILED THESE APPEALS AS FOR THE SAME ASSESSMENT YEARS APPEAL HAS ALREADY BEEN FILED BY THE DEPARTMENT. THE BENCH DIRECTED THE LEARNED CIT D.R., SHRI N.P . SINGH , TO EXPLAIN THE CORRECT POSITION. THEREFORE HE SOUGHT SOME TIME. TODAY AT THE TIME OF HEARING THE LEARNED D.R. HAS FILED A LETTER FROM THE DCIT WITH THE REQUEST THAT THE APPEAL IN ITA NO. 5644/MUM/2013 (A.Y. 2003 - ITA NO. 564 4 & 5645 /MUM/2013 M/S. BUNIYAD CHEMICALS P. LTD. 2 04) AND ITA NO. 5645/MUM/2013 (A.Y. 2008 - 09) MAY BE PERMITTED TO BE WITHDRAWN AS THE DEPARTMENT HAS ALREADY FILED APPEALS AGAINST BOTH THE YEAR UNDER CONSIDERATION. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW OF THE ABOVE SUBMISSION OF THE LEARNED CIT D.R. BOTH THE AFORESAID APPEALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, BOTH THESE APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LEARNED A.RS. FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 24 TH AUGUST, 2015. . 24.08.201 5 SD/ - SD/ - ( RAJESH KUMAR ) ( JOGINDER SINGH ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED 24.08.2015 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 21 4. / CIT - 10 5. , , / DR, B BENCH, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER //TRUE COPY// /ASSTT. REGISTRAR) , /ITAT, MUMBAI N.P.