M/S. BALANCE EQUITY BROKING (INDIA) PVT. LTD, MUMBAI V. DCIT 4(1)(1), MUMBAI

ITA 6662/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3483 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIK
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER & SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NOS. 6662/MUM/2018 ASSESSMENT YEAR : 2010-11 M/S. BALANCE EQUITY BROKING (INDIA) PVT LTD., 611/612, C WING, 2 ND FLOOR, MITTAL COMMERCIAL OFF, ANDHERI KURLA ROAD, ANDHERI (E). / VS. DY. CIT 4(1)(1) R. NO. 640, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. ./ ./ PAN : AABCB 6329B ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI TANMAY PHADKE, ADV. / RESPONDENT BY : MS. KAVITA P. KAUSHIK (SR. DR) / DATE OF HEARING 26.02.2020 !'# / DATE OF PRONOUNCEMENT 26.02.2020 / O R D E R PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE ASSESSEE AGITATING THE OR DER BY THE COMMISSIONER OF INCOME TAX (APPEALS)2, MUMBAI ( C IT(A)) DATED 21.9.2018, PARTLY ALLOWING THE ASSESSEES APPEAL CO NTESTING ITS ASSESSMENT U/S. 147 R/W S. 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 29.9.2016 FOR ASSESSMENT YEAR (AY) 2010-11. ITA NO. 6662/MUM/2018, M/S. BALANCE EQUITY BROKING (IND) PVT LTD , MUMBAI. - 2 - 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, SH. PHADKE, THAT THE ASSESSEE HAVING BEEN ALLOWED THE DESIRED RELIEF BY VIRTUE OF THE APPEAL-EFFECT GIVING ORDER DATED 17.12.2018 BY THE ASSESSING OFFICER (AO), I.E., PUR SUANT TO THE DIRECTION BY THE LD. CIT(A), THE GROUNDS OF THE INS TANT APPEAL SURVIVE NO LONGER. THE SAME MAY THEREFORE BE PERMIT TED TO BE WITHDRAWN, ALSO PLACING HIS REQUEST DATED 25.02.202 0 TOWARD THE SAME ON RECORD. THE LD. SR. DR, MS. KOUSHIK CONVEYS NO OBJECTION TO THE SAME. UNDER THE CIRCUMSTANCES, WE HAVE NO HESITATION IN PERMITTING THE ASSESSEE TO WITHDRAW I TS APPEAL. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 26.02.202 0 SD/- SD/- (VIKAS AWASTHY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNT ANT MEMBER MUMBAI, DATED 26.02.2020 KRK, PS ITA NO. 6662/MUM/2018, M/S. BALANCE EQUITY BROKING (IND) PVT LTD , MUMBAI. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI