THE DCIT 16(3), MUMBAI V. M/S STAR LITE, MUMBAI

ITA 5873/MUM/2005

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7513 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 22-02-2010
• Assessment Year: 1997-1998
• Appeal Filed On: 28-09-2005
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S K MOHANTY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH: MUMBAI BEFORE SHRI D MANMOHAN, VICE PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO 5873/MUM/2005 (ASSESSMENT YEAR: 1997-98) DCIT-RANGE 16(3), MATRU MANDIR, TARDEO, MUMBAI -400 007 VS M/S STAR LITE , MAJESTIC SHOPPING CENTRE, 8TH FLOOR, GIRGAUM ROAD, MUMBAI -400 004 PAN: AALFS 9218 D APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI S K MOHANTY ORDER PER PRAMOD KUMAR 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)- XVII MUMBAI DATED 07.07.2005 FOR THE ASSESS MENT YEAR 1997-98. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE NOT ICES WERE ISSUED THROUGH RPAD, THUS WE DECIDE THIS APPEAL ON MERITS EX-PARTE QUA-THE ASSESSEE AFTER HEARING LEARNED DEPARTMENTAL REPRESENTATIVE. 2. LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITS THAT THE ISSUE IS NOW COVERED BY THE SPECIAL BENCH DECISION IN THE CASE O F CIT VS PRAKASH L SHAH 306 ITR (AT) 1 (MUM)(SB) AND ACCORDINGLY MATTER IS REQUIRED TO BE REMITTED TO THE ASSESSING OFFICER FOR ADJUDICATION DE NOVO IN THE LIGHT OF THE SPECIAL BENCH DECISION. WE, THEREFORE, REMIT THE MATTER TO FILE OF THE ASSESSING OFFICER FOR ADJUDICATION DE NOVO IN THE LIGHT OF THE SPECIAL BENCH DECISION IN THE CASE OF PRAKASH L SHAH (SUPRA). ITA 5873/M/2005 M/S STAR LITE 2 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT TODAY ON THE 26 TH FEBRUARY 2010. SD/- (D MANMOHAN) VICE PRESIDENT SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATE: 26TH FEBRUARY 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-XVII, MUMBAI. 4) THE CIT MUMBAI CITY- XVI, MUMBAI. 5) THE D.R. H BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 5873/M/2005 M/S STAR LITE 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 25.2.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 25.2.2010 SR.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 SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER