INCOME TAX OFFICER 10(1)(4), MUMBAI V. M/S.KHANNA DELTA STEEL PRIVATE LIMITED, MUMBAI

ITA 7036/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8438 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 07-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA S ANJARIA
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR, HON'BLE ACCOUNTANT MEMBER ITA NO. 7036 /MUM/201 8 (A.Y: 2014 - 15) INCOME TAX OFFICER 10(1)(4) R OOM NO. 25B, GROUND FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI - 400 020 V. M/S. KHANNA DELTA STEEL PRIVATE LTD., 205, 2 ND FLOOR, WINDFALL, ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI 400 059 PAN: AACCK 2956 L (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI CHAITANYA S. ANJARIA DATE OF HEARING : 04.04.2019 DATE OF PRONOUNCEMENT : 04 .04 .2019 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED COMMISS IONER OF INCOME TAX (APPEALS) 51 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 05.09.2018 FOR THE ASSESSMENT YEAR 2014 - 15. 2. AT THE OUTSET, LD. DR SUBMITTED THAT, REVENUE VIDE LETTER DATED 14.02.2019 REQUESTED FOR WITHDRAWAL OF APPEAL. RELEVANT PORTION OF THE LETTER IS EXTRACTED BELOW: - . 2 ITA NO. 7036/MUM/2018 (A.Y: 2014 - 15) M/S. KHANNA DELTA STEEL PRIVATE LTD., 2. IN CASE OF M/S. KHANNA DELTA STEEL PVT. LTD., PAN: AACCK2956L FOR THE A.Y. 2014 - 15, THE APPEAL U/S. 253 OF THE I T ACT, 1961 WAS FILED ON 07/12/2018 ON THE CORE ISSUE OF DISALLOWANCE U/S. 14A OF THE I T ACT, 1961. SUBSEQUENTLY, HON. PR. CIT - 10, MUMBAI VIDE ABOVE REFERRED LETTER DATED 28/01 /2019 (COPY ENCLOSED) HAS DIRECTED TO WITHDRAW THE APPEAL FILED BEFORE THE HON. ITAT IN CASE OF THE ABOVE ASSESSEE I.E. M/S. KHANNA DELTA STEEL PVT. LTD. PAN: AACCK2956L FOR THE A.Y. 2014 - 15, FOR THE REASON BEING THE ISSUE OF DISALLOWANCE U/S. 14A OF THE I T ACT, 1961 HAS BEEN REACHED AT FINALITY AND THIS CASE SHOULD BE WITHDRAWN AS ' NOT PRESSED'. 3. IN VIEW OF THE ABOVE, THE APPEAL FILED U/S. 253 OF THE I T ACT, 1961 IN CASE OF THE ABOVE MENTIONED ASSESSEE BEFORE THE HON. ITAT ON 07/12/2018, MAY BE WITHDRAWN AS 'NOT PRESSED'. 3. IN VIEW OF THE ABOVE LETTER FILED BY REVENUE BEFORE US, WE PERMIT THE REVENUE TO WITHDRAW TH E APPE AL. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 04 TH APRIL , 2019 SD/ - SD/ - (RAJESH KUMAR) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 04 / 04/2019 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM