DYNACOM TRADING P.LTD, THANE V. CIT-9, MUMBAI

ITA 645/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3563 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 16-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 27-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SRIVASTAVA
• Keywords: Opportunity of being heard
• Section: 143(3); 263

Judgement Text

D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 645 /MUM/2014 ( / ASSESSMENT YEAR : 2009-10) DYNACOM TRADING PRIVATE LIMITED, G-9,JESSEL PARK BUILDING, BHAYANDER(WEST) THANE-401 105 / V. THE COMMISSIONER OF INCOME TAX-9,AAYAKAR BHAWAN, MUMBAI ./ PAN : AABCD6033G ( / APPELLANT ) .. ( / RESPONDENT ) ASSESSEE BY MR. RAJIV KHANDELWAL REVENUE BY : MR. A K SRIVASTAVA, CIT DR / DATE OF HEARING : 31-05-2016 / DATE OF PRONOUNCEMENT : 31-05-2016 / O R D E R PER RAMIT KOCHAR,ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE ASSSESEE COMPANY AGAINS T THE ORDERS DATED 28.11.2013 PASSED U/S 263 OF THE INCOME TAX ACT,196 1(HEREINAFTER CALLED THE ACT) FOR THE ASSESSMENT YEAR 2009-10 BY THE L EARNED COMMISSIONER OF INCOME TAX-9,MUMBAI (HEREINAFTER CALLED THE CIT) HOLDING THAT THE ORDER PASSED U/S 143(3) OF THE ACT DATED 29.12.2011 BY TH E LEARNED ASSESSING OFFICER (HEREINAFTER CALLED THE AO) IS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE, WHICH ORDERS DATED 29.12.2 011 PASSED BY THE AO U/S 143(3) OF THE ACT WAS SET ASIDE BY THE CIT AND THE DIRECTION WERE GIVEN TO THE AO TO MAKE FRESH ASSESSMENT DE-NOVO IN THIS CASE AF TER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE COMPANY, VIDE ORDERS OF THE CIT DATED 28.11.2013 PASSED U/S 263 OF THE ACT. ITA 645/MUM/2014 2 2. THE EFFECTIVE GROUNDS OF APPEAL IS REGARDING CHA LLENGING THE ORDERS DATED 28.11.2013 U/S 263 OF THE ACT PASSED BY THE CIT HO LDING THAT THE ORDER PASSED U/S 143(3) OF THE ACT DATED 29.12.2011 BY TH E AO IS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE, WHICH O RDER PASSED U/S 143(3) OF THE ACT DATED 29.12.2011 BY THE AO WAS SET ASIDE BY THE CIT AND THE DIRECTION BEING GIVEN TO THE AO TO MAKE FRESH ASSES SMENT DE-NOVO IN THIS CASE AFTER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE, VIDE ORDERS DATED 28.11.2013 U/S 263 OF THE ACT. 3. THE LEARNED COUNSEL OF THE ASSESSEE COMPANY MR. RAJIV KHANDELWAL MADE STATEMENT BEFORE THE BENCH THAT THE ASSESSEE COMPAN Y IS NOT DESIROUS OF PURSUING THIS APPEAL AS NOW ORDERS U/S 143(3) OF TH E ACT READ WITH SECTION 263 OF THE ACT HAS BEEN FRAMED BY THE AO AND HENCE , IN VIEW OF THE SAID ORDERS NOW BEING PASSED BY THE AO, THE ASSESSEE COM PANY IS DESIROUS OF WITHDRAWING THIS APPEAL AND PRAYED THAT THIS APPEAL BE DISMISSED AS BEING WITHDRAWN. 4. THE LEARNED CIT DR DID NOT OBJECT TO THE WITHDRA WAL OF THIS APPEAL AS REQUESTED BY THE ASSESSEE COMPANYS COUNSEL. 5. IN VIEW OF THE STATEMENT MADE BY THE LEARNED COU NSEL FOR THE ASSESSEE COMPANY BEFORE THE BENCH AS CONTAINED IN THE PRECED ING PARAS MAKING PRAYERS FOR WITHDRAWAL OF THIS APPEAL, WE DISMISS T HIS APPEAL AS BEING WITHDRAWN. WE ORDER ACCORDINGLY. ITA 645/MUM/2014 3 ORDER PRONOUNCED IN THE OPEN COURT ON 31 TH MAY 2016. # $% &' 31-05-2016 ( ) SD/- SD/- (SAKTIJIT DEY) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 31-05-2016 [ !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. 9 / CIT- CONCERNED, MUMBAI 5. <=( >>?@ , ?@ , $ / DR, ITAT, MUMBAI D BENCH 6. (BC D / GUARD FILE. / BY ORDER, < > //TRUE COPY// / ( DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI