ACIT 19(1), MUMBAI V. PURNIMA B. PILINJA, MUMBAI

ITA 5738/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79290 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-02-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 13-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NATASHA MANGEET

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO. 5738/MUM/2012 (ASSESSMENT YEAR: 2009-10) ACIT ROOM NO.322, PIRAMAL CHAMBERS 3 RD FLOOR, PAREL MUMBAI-400 052. VS. SMT. PURNIMA B. PILINJA 401, SPRINGLEAF 12 TH ROAD, KHAR(W) MUMBAI-400 052. (APPELLANT) (RESPONDENT) P ERMANENT ACCOUNT N O. : AGAPP 6053 C ASSESSEE BY : WITHDRAWAL LETTER DATED 10/07/2014 REVENUE BY : MS. NATASHA MANGEET DATE OF HEARING : 14/07/2014 DATE OF PRONOUNCEMENT : 14/07/2014 O R D E R PER VIJAY PAL RAO, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED OF CIT(A) FOR THE ASSESSMENT YEAR 2009-10. THE REVENUE HAS FILED LETTER DATED 10/07/2014 AND EXPLAINED THAT THE DEPARTMENT HAS INADVERTENTLY FILED TWO APPEALS IN THE SAME CASE AND AGAINST THE IMPUGNED ORDER OF THE CIT(A). THE OTHER APPEAL AGAINST SAME ORDER IS ALSO PENDING BEFORE THIS TRIBUNAL IN ITA NO.5734/MUM/2012. ACCORDINGLY IT IS PRAYED THAT THIS APPEAL MAY BE ALLOWED TO BE WITHDRAWN. ITA NO.5738/M/12 AY:09-10 2 2. ON THE OTHER HAND THE LD. AR HAS ACCEPTED THE FA CT THAT THE REVENUE HAS FILED TWO APPEALS AGAINST THE SAME ORDE R OF CIT(A) AND THE ASSESSEE HAS NO OBJECTION IF THIS APPEAL OF THE REV ENUE IS DISMISSED AS WITHDRAWN. 3. IN VIEW OF THE FACT THAT THE REVENUE HAS FILED T WO APPEALS AGAINST THE SAME ORDER OF THE CIT(A) UNDER ITA NO.5734/MUM/ 2012 AND 5738/MUM/2012 WE PERMIT THE REVENUE TO WITHDRAW THE APPEAL IN ITA NO.5738/MUM/2012. ACCORDINGLY THE APPEAL NUMBER 573 8/MUM/2012 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JULY, 2014. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER (VIJAY PAL RAO ) JUDICIAL MEMBER MUMBAI, DATED: 14/07/2014. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.