WARNER BROS. HOME ENTERTAINMENT INC., MUMBAI V. ASST CIT (IT) 4(3)(2), MUMBAI

ITA 603/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6820 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 24-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR SUBRAMANIYAM
• Assessee Lawyers: A F JAHANGIR
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.603/M/2020 ASSESSMENT YEAR: 2011-12 M/S. WARNER BROS. HOME ENTERTAINMENT INC. C/O M/S CHHAJED KEDIA & ASSOCIATES, 206 BLUMOON CHAMBER, 25 NM ROAD, FORT MUMBAI 400001 PAN: AAACW9814D VS. ASSISTANT COMMISSIONER OF INCOME TAX- 4(3)(2), ROOM NO.1611, 16 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI A.F. JAHANGIR, A.R. REVENUE BY : SHRI VIJAY KUMAR SUBRAMANIYAM, SR.D .R. DATE OF HEARING : 14.07.2021 DATE OF PRONOUNCEMENT : 13.07.2021 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 06.09.2019 OF THE DISPUTE R ESOLUTION PANEL-2 [HEREINAFTER REFERRED TO AS THE DRP] RELEVA NT TO ASSESSMENT YEAR 2011-12. 2. THE ASSESSEE HAS FILED A LETTER DATED 23.06.2021 REQUESTING THE BENCH TO ALLOW THE WITHDRAWAL OF APPEAL ON THE GROUND THAT ISSUE INVOLVED IN THIS CASE HAS ALREADY BEEN ALLOWE D BY THE AO BY PASSING NECESSARY RECTIFICATION ORDER DATED 05.0 2.2020. WHEN THE LD. D.R. WAS CONFRONTED WITH THIS ISSUE HE FAIRLY CONCEDED THAT THE ISSUE HAS BEEN SETTLED AT THE LEV EL OF THE AO ITA NO.603/M/2020 M/S. WARNER BROS. HOME ENTERTAINMENT INC. 2 AND HE HAS NO OBJECTION IN CASE THE APPEAL IS ALLOW ED TO BE WITHDRAWN BY THE ASSESSEE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. ACCORDINGLY, T HE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 13.07.2021. SD/- SD/- ( RAVISH SOOD) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 13.07.2021. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.