MORGAN STANLEY ADVANTAGE SERVICES P.LTD, MUMBAI V. DCIT CIR 9(2), MUMBAI

ITA 7609/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 9400 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 22-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANT KUMAR
• Assessee Lawyers: TUSHAR HATHIRAMANI
• Section: 143(3); 154

Judgement Text

P A G E | 1 ITA NO. 7609/MUM/2014 AY: 2010 - 11 MORGAN STANLEY VS. DCIT IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI G.S.PANNU , AM AND SHRI RAVISH SOOD, JM ./ I.T.A. NO. 7609/MUM/2014 ( / ASSESSMENT YEAR: 2010 - 11) MORGAN STANLEY ADVANTAGE SERVICE PRIVATE LIMITED BUILDING NO.5, ATHENA, SECTOR 30, MINDSPACE, GOREGAON (W) MUMBAI 400 090 / VS. DCIT CIRCLE 9 (2), ROOM NO. 261, 2 ND FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AAECA3400B ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI TUSHAR HATHIRAMANI , A.R. / RESPONDENT BY : SHRI JAYANT KUMAR , D.R / DATE OF HEARING : 05/10 /2017 / DATE OF PRONOUNCEMENT : 05 /10 /2017 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER THE P RESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 144C(13) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 31.10.2014 FOR AY: 2010 - 11. 2. THE AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE SHR I TUSHAR HATHIRAMANI, CHARTERED ACCOUNTANT HAD SUBMITTED THAT AS THE A.O HAD FAILED TO GIVE EF FECT TO THE DIRECTIONS ISSUED BY THE DISPUTE RESOLUTION P A G E | 2 ITA NO. 7609/MUM/2014 AY: 2010 - 11 MORGAN STANLEY VS. DCIT PANEL (FOR SHORT DRP), DATED 10.10.2014, THEREFORE, THE ASSESSEE BEING AGGRIEVED HAD ASSAILED THE ASSE SSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 144C (13) BEFORE THE TRIBUNAL. IT WAS SUBMITTED BY THE LD. A.R THAT IN THE MEANTIME THE ASSESSEE HAD ALSO FILED AN APPLICATION SEEKING RECTIFIC ATION OF MISTAKE WITH THE A.O ON 27.11.2014, THEREIN REQUE STING THAT MISTAKES BE RECTIFIED AND THE ORDER BE BROUGHT IN CONFORMITY WITH THE DIRECTIONS OF THE DRP . THE LD. A.R SUBMITTED THAT AS THE A.O HAD RECTIFIED THE MISTAKES APPARENT FROM THE RECORD , VIDE HIS ORDER PASSED UNDER SEC. 154 OF THE ACT , DATED 30.04.2015, THEREFORE , THE VERY BASIS ON WHICH THE APPEAL WAS FILED BEFORE THE TRIBUNAL THUS NO MORE SURVIVES . THE LD. A.R IN THE BACKDROP OF THE AFORESAID FACTS HAD SOUGHT THE PERMISSION OF THE TRIBUNAL TO ALLOW WITHDRAWAL OF THE PRESENT APPEAL, VIZ. ITA NO. 7609/MUM/2014. THE LD. A.R HAD PLACED ON RECORD A LETTER OF THE ASSESSEE WHEREIN A REQUEST SEEKING PERMISSION FOR WITHDRAWAL OF THE PRESENT APPEAL IN THE BACKDROP OF THE AFORESAID FACTS HAD BEEN RAISED BEFORE US. THE LD. DEPARTMENTAL REPRESENTATIVE (FO R SHORT D.R) HAD NOT OBJECTED TO THE REQUEST OF THE ASSESSEE SEEKING WITHDRAWAL OF THE PRESENT APPEAL. 3. WE HAVE CONSIDERED THE AFORESAID REQUEST OF THE ASSESSEE AND AS REQUESTED ALLOW THE WITHDRAWAL OF THE PRESENT APPEA L . 4. THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05 .10.2017 SD/ - SD/ - (G.S. PANNU) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 05 .10.2017 PS. ROHIT KUMAR P A G E | 3 ITA NO. 7609/MUM/2014 AY: 2010 - 11 MORGAN STANLEY VS. DCIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI