ABU JANI SANDEEP KHOSLA, MUMBAI V. ACIT CEN CIR 22, MUMBAI

ITA 704/MUM/2013

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8372 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-04-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 28-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R P MEENA
• Assessee Lawyers: STANY SALDANHA WITHDRAW LETTER
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH , JUDICIAL MEMBER ITA NO. 704/MUM/2013 : A.Y : 2002 - 03 M/S. ABU JANI SANDEEP KHOSLA GALA NO.22, A BLOCK, GHANSHYAM IND. ESTATE, VEERA DESAI ROAD, ANDHERI (W), MUMBAI 400 058 PAN : AAAFA2341Q (APPELLANT) VS. ACIT, CENTRAL CIRCLE - 22, MUMBAI (RESPONDENT) APPELLANT BY : SHRI STANY SALDANHA (WITHDRAW LETTER) RESPONDENT BY : SHRI R.P. MEENA (CIT - DR) DATE OF HEARING : 29/11/2017 DATE OF PRONOUNCEMENT : 29 /11/2017 O R D E R PER G.S. PANNU , AM : THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) - 39, MUMBAI DATED 30.11.2012 PERTAINING TO THE ASSESSMENT YEAR 2002 - 03 , WHICH IN TURN HAS ARISEN FROM THE ORDER PASSED BY THE ASSESSING OFFICER DATED 21.12.2010 UNDER SECTION 143(3) R.W.S. 153C OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2 ITA NO. 704/MUM/2013 M/S. ABU JANI SANDEEP KHOSLA 2. T HE LEARNED REPRESENTATIVE FOR THE ASSESSEE HAS FILED A LETTER DATED 28.11.2017 REQUESTING PERMISSION TO WITHDRAW THE APPEAL , WHICH READS AS UNDER : - WITH REFERENCE TO THE ABOVE AND INSTRUCTION FROM OUR ABOVE - MENTIONED CLIENT, WE HAVE TO SUBMIT THE FOLLOWING FOR YOUR KIND CONSIDERATION. THE APPEA L WAS FIXED FOR TODAY I.E. 28.11.2017 THE SAME HAS BEEN REFIXED FOR 29.11.2017 WE HAVE TO SUBMIT THAT INADVERTENTLY 2 (TWO) APPEALS FOR THE SAME ASSESSMENT YEAR WERE FILED. APPEAL NO. 704/MUM/13 APPEAL NO. 3296/MUM/13 THE APPEAL NO. 3296/MUM/13 WAS HEARD BY THE HON'BLE A BENCH ON 22 ND NOVEMBER 2017 AND HAS BEEN RESTORED BACK TO THE LD. CIT(A) BY PRONOUNCEMENT IN OPEN COURT. ORDER AWAITED. AS THE ISSUE IS SAME IN BOTH THE MATTER MAY WE REQUEST YOUR HONOR TO KINDLY ALLOW US TO WITHDRAW THE APPEAL NO. 70 4/MUM/13. 3. THE L D. CIT - DR APPEARING FOR THE REVENUE HAS NO OBJECTION TO THE AFORESAID PLEA OF ASSESSEE. 4. ACCORDINGLY, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. THE ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 29 TH NOVEMBER , 201 7 . SD/ - SD/ - ( PAWAN SINGH ) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER MUMBAI, DATE : 2 9 T H NOVEMBER , 201 7 *SSL* 3 ITA NO. 704/MUM/2013 M/S. ABU JANI SANDEEP KHOSLA COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, A BENCH, MUMBAI 6) GUARD FILE BY ORDER ASSTT. REGISTRAR /SR. PRIVATE SECRETARY I.T.A.T, MUMBAI