SAMUK HOLDING PVT.LTD., MUMBAI V. INCOME TAX OFFICER 9(3)(1), MUMBAI

ITA 6205/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7861 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 21-01-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 17-10-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Assessee Lawyers: HEMENDRA N SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI RAJENDRA SINGH ,(AM) ITA NO.6205/MUM/2008 ASSESSMENT YEAR : 2005-06 SAMUK HOLDING PVT. LTD. 207-1/C, RAHUL APARTMENTS MARVE ROAD, MALAD(W) MUMBAI-400 064. ..( APPELLANT ) P.A. NO. (AAACS 7661 Q) VS. INCOME TAX OFFICER WARD-9(3)(1) AAYAKAR BHAVAN MUMBAI. ..( RESPONDENT ) APPELLANT BY : SHRI HEMENDRA N. SHAH RESPONDENT BY : SHR I NAVEEN GUPTA O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 06.08.2008 PASSED BY THE LD. CIT(A) FOR T HE ASSESSMENT YEAR 2005-06 TAKING FOLLOWING GROUND OF APPEAL. 1. THE LD. CIT(A) ERRED IN DISALLOWING CAPITAL LOSS ON SALE SHARE ARISING AS ACCOUNT OF INDEXATION . ITA NO.6205/M/08 A.Y: 05-06 2 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE VIDE LETTER DATED 18.1.2010, SUBMITS THAT HE DOES NOT WANT TO PRE SS THE APPEAL, THEREFORE, THE WITHDRAWAL OF APPEAL BE ALLOWED, WHI CH WAS NOT OBJECTED TO BY THE LD. DR. 3. THAT BEING SO, AND KEEPING IN VIEW THE LETTER OF WITHDRAWAL DATED 18.1.2010 SUBMITTED BY THE ASSESSEE WHICH READS THAT WE WISH TO STATE THAT WE DO NOT WANT TO PURSUE THE SAID APPEAL SIN CE WE WANT TO WITHDRAW THE SAID APPEAL., THE APPEAL FILED BY THE ASSESSEE IS TREATED AS DISMISSED BEING WITHDRAWN. 4. IN THE RESULT, ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.02.2010. SD/- SD/- (RAJENDRA SINGH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED:01.02.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.6205/M/08 A.Y: 05-06 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 21.1.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 21.1.10 SR.PS/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/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 01.02.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 03.02.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER