Appeal Details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 3079 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 2 month(s) 11 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
06-03-2019
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
G
Assessment Year
2008-2009
Appeal Filed On
26-12-2017
Judgement Text
AAYAK AAYAK AAYAK AAYAKR APILAIYA AIQ R APILAIYA AIQ R APILAIYA AIQ R APILAIYA AIQAKRNA N AKRNA N AKRNA N AKRNA NYAAYAPIZ YAAYAPIZ YAAYAPIZ YAAYAPIZ MAMUBA[ MAMUBA[ MAMUBA[ MAMUBA[- -- - MAO MAOMAO MAO. .. . IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUM BAI BEFORE SRI MAHAVIR SINGH, JM AND SRI M BALAGENSH, AM AAYAKR APILA SA AAYAKR APILA SA AAYAKR APILA SA AAYAKR APILA SAM MM M . / ITA NO.7353 /MUM/2017 ( INAQA-ARNA BAYA- / ASSESSMENT YEAR 2008-09) M/S. SKY LINE PRASHANTI (FORMERLY KNOWN AS M/S.SKY STAR LINE OASIS), NEAR VIDYAVIHAR STATION, GHATKOPAR, MUMBAI. VS. DCIT, 22(2), MUMBAI ( APILAAQA APILAAQA APILAAQA APILAAQAI II I - -- - / APPELLANT) .. ( P` P`P` P`%YAQAA %YAQAA %YAQAA %YAQAAI II I- -- - / RESPONDENT) PAN NO. ABCFRS 0618 M REVENUE BY : SHRI CHOUDHARY ARUN SINGH, DR ASSESSEE BY : SHRI ANKIT DAGA, CA DATE OF HEARING: 6.3.2019 DATE OF PRONOUNCEMENT : 06-03- 2019 AADOSA AADOSA AADOSA AADOSA / O R D E R PER MAHAVIR SINGH, JM: THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF THE O RDER OF COMMISSIONER OF INCOME TAX (APPEALS)-25, MUMBAI [IN SHORT CIT(A)], IN APPEAL NO. 25/IT-302/2013-14 DATED 16.10.2017. THE PENALTY WAS LEVIED BY THE DY. COMMISSIONER OF INCOME TAX, WARD 22(2),M UMBAI FOR THE A.Y. 2008-09 VIDE ORDER DATED 25.3.2013 UNDER SECTION 27 1(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT). 2 ITA NO.7353/MUM/2017 ASSESSMENT YEAR 2008-09 2. VIDE PETITION DATED 6.3.2019, THE ASSESSEE SEEKS TO WITHDRAW THE APPEAL FILED BY THE ASSESSEE STATING AS UNDER: THE ABOVE MENTIONED APPEAL IS LISTED FOR HEARING O N 6.3.2019. THE MATTER RELATES TO PENALTY AMOUNTING TO 6,57,357/- LEVIED UNDER SECTION.271(1)(C). THE DEPA RTMENT HAD INITIATED THE PROSECUTION PROCEEDINGS UNDER SECTION.276C(1). WE HAVE FILED COMPOUNDING APPLICA TION IN RESPECT OF ABOVE. THE APPELLANTS APPLICATION HAD BEEN ACCEPTED VIDE LETTER DATED 9.11.201 AND THE APPELLANT HAS DULY PAID THE TAXES ALONGWITH THE COMPOUNDING FEES. THE APPELLANT HAS ALSO RECEIVED THE COMPOUNDING ORDER UNDER SECTION.279(2) DATED 12.11.2018. IN VIEW OF THE ABOVE, WE REQUEST YOUR HONORS TO ALL OW US TO WITHDRAW THE APPEAL FILED BEFORE THE HONBLE BENCH OF MUMBAI ITAT. 3. BEFORE US, LD COUNSEL FOR THE ASSESSEE REITERATE D THE FACTS STATED IN THE PETITION AND LD DEPARTMENTAL REPRESEN TATIVE HAD NO OBJECTION TO THE REQUEST OF LD COUNSEL FOR THE ASSE SSEE 4. IN VIEW OF ABOVE, WE ALLOW THE ASSESSEE TO WITHD RAW THE APPEAL FILED BEFORE THE TRIBUNAL. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 06- - 03- 2019. AADOSA KI AADOSA KI AADOSA KI AADOSA KI GAAO GAAOGAAO GAAOYANAA KULAO MAO IDNAMK YANAA KULAO MAO IDNAMK YANAA KULAO MAO IDNAMK YANAA KULAO MAO IDNAMK 06- . 03.2019 KAO KI KAO KI KAO KI KAO KI GA GAGA GA SD/- SD/- (M BALAGANESH) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 6- - 03- 2019 BKP/SR.PS 3 ITA NO.7353/MUM/2017 ASSESSMENT YEAR 2008-09 COPY OF THE ORDER FORWARDED TO : BY ORDER, ASSISTANT REGISTRAR ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT (A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//
