SRIDA KNITTERS, MUMBAI V. CIT 14, MUMBAI

ITA 7544/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3041 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 24-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAILENDRA KUMAR YADAV , JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO. 7544 /MUM/ 201 3 ( / ASSESSMENT YEAR : 20 09 - 10 ) M/S SRIDA KNITTERS , R NO.5, 1 ST FLOOR, 336 - B, FADIA BLUDINGS, KALBADEVI ROAD, MUMBAI - 400002. / VS. COMMISSIONER OF INCOME TAX - 1 4, EARNEST HOUSE, 6TH FLOOR, NARIMAN POINT, MUMBAI - 400021 ./ PAN : AAMFS8162K / ASSESSEE BY SHRI DARSHAN GANDHI / REVENUE BY SHRI VINOD KUMAR / DATE OF HEARING : 16 .6. 2016 / DATE OF PRONOUNCEMENT 16 . 6. 2016 / O R D E R PER R AJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE EX - PARTE ORDER DATED 25.11.2013 PASSED B Y COMMISSIONER OF INCOME TAX - 14, MUMBAI , FOR ASSESSMENT YEAR 20 09 - 10 . 2. AT THE OUTSET, THE LD.AR SUBMITTED THAT THE ASSESSEE HAS CHALLENG ED THE EX - PARTE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. THE AO WHILE GIVING EFFECT TO THE ORDER DATED 25.11.2013 PASSED U/S 263 BY THE CIT DID NOT MAKE ANY ADDITION AND 2 7544 /MUM/ 201 3 HENCE THE ORIGINAL ORD ER PASSED BY THE AO REMAINED UNCHANGED. THEREFORE, THE LD.AR SUBMITTED THAT THE PRESENT APPEAL OF THE ASSESSEE HAS NO CONSEQUENCE AND HENCE PRAYED FOR WITHDRAWAL OF THE APPEAL FOR WHICH THE LD.DR DID NOT OBJECT. IN SUPPORT OF HIS CONTENTION HE HAS FILED A LETTER DATED 16.6.2016. THE SAID LETTER IS TAKEN ON RECORD. 3 . IN VIEW OF THE LEGAL AND FACTUAL ASPECT OF THE MATTER, WE ACCEPT THE REQUEST OF THE ASSESSEES REPRESENTATIVE AND ALLOW TO WITHDRAW THE APPEAL OF THE ASSESSEE. 4 . IN THE RESULT, THE APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 16 .6. 2016. SD SD ( SHAILENDRA KUMAR YADAV ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 16 .6.2016 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE AP PELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI