SANJAY C. KOTHARI, MUMBAI V. DCIT 14(2), MUMBAI

ITA 924/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8532 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 10-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 924/MUM/2014 ASSESSMENT YEAR: 2009 - 10 SANJAY C. KOTHARI 151 - A, MITTAL COURT, NARIMAN POINT, MUMBAI - 400021 VS. DCIT - 14(2) 2 ND FLOOR, EARNEST HOUSE, NARI MAN POINT MUMBAI - 400021. PAN NO. AADPK2102L APPELLANT RESPONDENT ASSESSEE BY : MS . NEHA PARANJPE, AR REVENUE BY : MR. V. JUSTIN , SR. DR DATE OF HEARING : 08 /11/2017 DATE OF PRONOUNCEMENT : 15/11/2017 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE . THE RELEVANT ASSESSMENT YEAR IS 2009 - 10. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISS IONER OF INCOME TAX (APPEALS) - 25 , MUMBAI AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT 1961, (THE ACT). 2. DURING THE COURSE OF PROCEEDINGS BEFORE THE TRIBUNAL, THE ASSESSEE FILED A WRITTEN SUBMISSION ON 08.11.2017 STATING THAT HE MA Y BE PERMITTED TO WITHDRAW THE PRESENT APPEAL AS THE LD. CIT(A) HAS GRANTED SANJAY C. KOTHARI ITA NO. 924/MUM/2014 2 RELIEF IN RESPECT OF EMPLOYEE S CONTRIBUTION TO EMPLOYMENT PROVIDENT FUND. THE ISSUE INVOLVED IN THE PRESENT APPEAL PERTAINS TO EMPLOYERS CONTRIBUTION ONLY. THE ASSESSEE SUBMITTED THAT LOOKING AT THE SMALLNESS OF THE QUANTUM; HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. THERE WAS NO OPPOSITION FROM THE LD. DR TO THE ABOVE REQUEST MADE BY THE ASSESSEE . 4. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/11/2017. SD/ - SD/ - (MAHAVIR SINGH ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 15/11/2017 RAHUL SHARMA, SR. P.S. 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 . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI