GEET SURYA ADVERTISING & PUBLICITY, MUMBAI V. DCIT 19(1), MUMBAI

ITA 692/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4018 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Assessee
• Bench Allotted: G
• Next Hearing Date: 19-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2012
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

, , G, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.692/MUM/2012 ASSESSMENT YEAR: 2007-08 GEET SURYA ADVERTISING & PUBLICITY, 401-402B, SAPPHIRE, CORNER OF 1 ST ROAD & S.V. ROAD, KHAR(W), MUMBAI -400012 / VS. D CIT 19(1 ) 322 PIRAMAL CHAMBERS, LALBAUG, MUMBAI-400012 (ASSESSEE ) (REVENUE) P.A. NO. AAGFG8570K / ASSESSEE BY NONE / REVENUE BY SHRI NITIN WAGHMODE (DR) / DATE OF HEARING : 19/1/2016 / DATE OF ORDER: 12/2 /2016 / O R D E R PER ASHWANI TANEJA (ACCOUNTANT MEMBER): THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2 2, MUMBAI {(IN SHORT LD. CIT(A)} DATED 02.12.2011 FOR THE ASSESSMENT YEAR 2007-08, PASSED AGAINST THE ASSESSM ENT ORDER PASSED BY THE ASSESSING OFFICER (IN SHORT AO ) U/S 143(3) OF THE ACT, ON THE FOLLOWING GROUNDS: GEET SURYA ADVERTISING & PUBLICITY 2 1.THE LEARNED ASSESSING OFFICER ERRED IN MAKING DISALLOWANCE OF RS.3,48,000/- ON ACCOUNT OF DEPRECI ATION ON MOBILE HOARDING TRUCKS YOUR APPELLANT PRAYS THAT THE SAME BE ALLOWED. 2. THE LEARNED ASSESSING OFFICER ERRED IN MAKING AD DITION OF RS.4,27,540/- ON ACCOUNT OF CAPITAL INTRODUCED B Y ONE OF THE PARTNER. YOUR APPELLANT PRAYS THAT THE ADDIT ION BE DELETED. 3. THE LEARNED ASSESSING OFFICER MADE ADDITION OF RS.31,843/ON ACCOUNT OF LIABILITY OF CHAMUNDESHWARI AUTO GARRAGE. YOUR APPELLANT HAD EXPLAINED THE RECONCILI ATION OF LIABILITY. THE ADDITION ON THIS GROUND BE DELETED. 2. DURING THE COURSE OF HEARING, NONE APPEARED ON BEHA LF OF THE ASSESSEE AND ARGUMENTS WERE MADE BY SHRI NITIN WAGHMODE, DEPARTMENTAL REPRESENTATIVE (DR) ON BEHAL F OF THE REVENUE. 3 . IT IS NOTED THAT AN APPLICATION HAS BEEN FILED DA TED 19.01.2016 ON BEHALF OF THE ASSESSEE BY MR. JAYANT SHAH, FROM M/S. JAYANT & CO., CHARTERED ACCOUNTANTS, REQU ESTING FOR WITHDRAWING OF THE APPEAL. LD. DR HAS STATED TH AT HE HAS NO OBJECTION IF APPEAL IS WITHDRAWN BY THE ASSESSEE . 4. IN VIEW OF THE ABOVE SAID FACTS AND CIRCUMSTANCES; WE ALLOW THE APPLICATION OF THE ASSESSEE AND DISMISS THE APP EAL AS WITHDRAWN. GEET SURYA ADVERTISING & PUBLICITY 3 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH FEBRUARY, 2016. SD/- (SAKTIJIT DEY ) SD/- (ASHWANI TANEJA) ! / JUDICIAL MEMBER '! / ACCOUNTANT MEMBER MUMBAI; DATED : 12/2/2016 CTX? P.S/. .. # $%&'&($ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !'# / THE RESPONDENT. 3. $# $# % ( ) / THE CIT, MUMBAI. 4. $# $# % / CIT(A)- , MUMBAI 5. ()* # !+ , $# # +- , / DR, ITAT, MUMBAI 6. *. / / GUARD FILE. / BY ORDER, '#( ! //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI