DEVGAN ENTERTAINMENT & SOFTWARE LTD, MUMBAI V. ITO 11(1)(1), MUMBAI

ITA 6273/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 5142 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 12-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RUTURAJ GURJAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA , JUDICIAL MEMBER ./I.T.A. NO.6273/M/2012 (AY: 2007 - 2008) M/S. DEVGAN ENTERTAINMENT & SOFTWARE LTD., 5,6 SHEETAL APARTMENT, GROUND FLOOR, OPP. CHANDAL CINEMA, JUHU, VILE PARLE, MUMBAI 49. / VS. ITO - WARD - 11(1)(1), MUMBAI. ./ PAN : AAACD 7789 G ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RUTURAJ GURJAR / RESPONDENT BY : SHRI MANVENDRA GOYAL, DR / DATE OF HEARING : 1 2.12.2013 / DATE OF PRONOUNCEMENT : 12 .12.2013 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 12.10.2012 IS AGAINST THE ORDER OF THE CIT (A) - 3, MUMBAI DATED 20.7.2012 FOR THE ASSESSMENT YEAR 2007 - 1008. 2. BEFORE US, SHRI RUTURAJ GURJAR, LD COUNSEL FOR THE ASSESSEE BROUGHT OUR ATTENTION TO THE LETTER DATED 10 TH DECEMBER, 2013 AND PRAYED FOR WITHDRAWAL OF THE APPEAL BEFORE US. IN THIS REGARD, LD COUNSEL READ OUT THE RELEVANT CONTENTS OF THE SAID LETTER, WHICH READS AS UNDER: ITA NO.6273/MUM/2012 FOR AY 2007 - 2008 IS AN APPEAL FILED BY THE ASSESSEE, WHICH IS POSTED FOR HEARING ON 12.12.2013. SINCE, THE APPEAL HAS NO TAX IMPACT , THE ASSESSEE WOULD NOT LIKE TO LITIGATE FURTHER IN THE MATTER. IN THESE CIRCUMSTANCES, THE ASSESSEE HUMBLY REQUESTS THAT IT BE GRANTED A PERMISSION TO WITHDRAW THE SAID APPEAL. 3. ON THE OTHER HAND, LD DR HAS NOT OBJECTED THE PRAYER OF THE LD COUNSEL. 2 4. CONSIDERING THE ABOVE PRAYER OF THE L D COUNSEL TO WITHDRAW THE APPEAL S AND NO OBJECTION FROM THE LD DR, WE ALLOW THE ASSESSEE TO WITHDRA W THE APPEAL. ACCORDINGLY, THE TWO APPEAL S FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, TWO APPEAL S OF THE ASSESSEE STAND DISMISSED A S WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT IMMEDIATELY AFTER COMPLETION OF HEARING ON 12 TH DECEMBER, 2013. SD/ - SD/ - ( VIVEK VARMA ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 12 .12 .2013 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI