PANKAJ WADHAWA, MUMBAI V. INCOME TAX OFFICER-1(3)(4), MUMBAI

ITA 6525/MUM/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6143 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 08-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI
• Assessee Lawyers: THROUGH WRITTEN L ETTER DATED
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C, MU MBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR ACCOUNTANT MEMBER ITA.NO. 6525 /MUM/2017 A Y : 2008-09 PANKAJ WADHWA 8, CANDY HOUSE, MANDLIK ROAD, COLABA, MUMBAI-400004 PAN: AABPW0921B VS. COMMISSIONER OF INCOME-TAX (APPEALS)-3, ROOM NO. 354, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-20. (APPELLANT) (RESPONDENT) ITA.NO. 6526 /MUM/2017 A Y : 2013-14 PANKAJ WADHWA 8, CANDY HOUSE, MANDLIK ROAD, COLABA, MUMBAI-400004 PAN: AABPW0921B VS. COMMISSIONER OF INCOME-TAX (APPEALS)-3, ROOM NO. 354, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-20. (APPELLANT) (RESPONDENT) ASSESSEE BY : THROUGH WRITTEN L ETTER DATED 14.01.2019 REVENUE BY : SHRI D.G. P ANSARI (SR.DR) DATE OF HEARING : 14.01.2019 DATE OF ORDER : 14.01.2019 ORDER UNDER SECTION 254(1) OF INCOME-TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER 1. THESE TWO APPEALS ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-3, MUMBAI DATED 17.05.2017, WH ICH WAS SOUGHT TO BE RECTIFIED BY THE ASSESSEE UNDER SECTION 154 BUT WAS REJECTED BY LD CIT(A), FOR ASSESSMENT YEAR 2008-09 & 2013-14 CAME UP BEFORE THE ITA NO .6525 & 6526 MUM 2017-PANKAJ WADHWA 2 BENCH FOR HEARING ON 14.01.2019, WHEREIN THE ASSESS EE HAS ALREADY FILED AN APPLICATION DATED 14.01.2019 FOR WITHDRAWAL OF BOTH THE APPEALS. IN THE APPLICATION FOR WITHDRAWAL, THE APPLICANT/ASSESSEE HAS PLEADED THAT APPEAL FOR ASSESSMENT YEAR 2008-09 AND 2013-14 HAVE BEEN H EARD AND DECIDED ON MERIT, COPY OF THE ORDER PASSED IN ITA NO. 5005/MUM /2017 FOR ASSESSMENT YEAR 2008-09 AND IN ITA NO. 5007/MUM/201 7 FOR ASSESSMENT YEAR 2013-14 DATED 30.11.2018 IS ALSO FILED. THE RE PRESENTATIVE APPEARED ON BEHALF OF ASSESSEE SUBMITS THAT THE RELIEF PRAYE D IN THE PRESENT APPEALS HAVE ALREADY BEEN GRANTED IN REGULAR APPEALS. THERE FORE, THE ASSESSEE MAY BE ALLOWED TO WITHDRAW THE APPEALS. 2. ON GOING THROUGH THE CONTENTS OF THE APPLICATION AN D THE ORDER OF TRIBUNAL IN ITA NO. 5005/MUM/2017 FOR ASSESSMENT YEAR 2008-0 9 AND IN ITA NO. 5007/MUM/2017 FOR ASSESSMENT YEAR 2013-14 DATED 30. 11.2018, THE LD. DR FOR THE REVENUE SUBMITS THAT THE RELIED SOUGHT I N THE APPEALS HAVE BECOME INFRUCTUOUS. THEREFORE, THESE APPEALS MAY BE DISMISSED AS WITHDRAWN. CONSIDERING THE CONTENTION OF BOTH THE P ARTIES, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 3. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF JANUARY 2019. SD/- SD/- (RAMIT KOCHAR) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED 14/01 /2019 ITA NO .6525 & 6526 MUM 2017-PANKAJ WADHWA 3 S.K.PS COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR C BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASS T. REGISTRAR ITAT, MUMBAI S.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON PC. ON 14.01.2019 JM/AM 2 DRAFT PLACED BEFORE AUTHOR 14.01.2019 JM/AM 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 14.01.2019 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 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER 10. DRAFT DICTATION ENCLOSED IN FILE