LUPIN INVESTMENTS PVT. LTD, Mumbai V. ITO 14(3)(2), Mumbai

ITA 959/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6099 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 19-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MICHAEL JERALD
• Section: 14A

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH MUMB AI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 959/MUM/2019 (ASSESSMENT YEAR 2009-10 ) LUPIN INVESTMENT PVT. LTD. (AS SUCCESSOR TO ZYMA LABORATORIES LTD.), 159, CST ROAD, KALINA STANTACRUZ EAST, MUMBAI- 400098 PAN: AAACL1070G VS. ITO-14(3)(2) ROOM NO. 458, AAYAKAR BHAVAN, NEW MARINE LINES, M.K. ROAD, MUMBAI-400020. APPELLANT RESPONDE NT APPELLANT BY : SHRI HEMEN CHANDARIYA (AR) RESPONDENT BY : SHRI MICHAEL JERALD (DR) DATE OF HEARING : 06.02.2020 DATE OF PRONOUNCEMEN T : 06.02.2020 ORDERUNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORD ER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-22, MUMBAI [LD. CIT(A)] DATED 30.11.2018 FOR ASSESSMENT YEAR 2009-10. 2. THIS APPEAL CAME UP HEARING ON 06.02.2010. THE LD. AR OF THE ASSESSEE FILED AN APPLICATION FOR WITHDRAWAL OF APPEAL DATED 05.02.2010. IN THE APPLICATION FOR WITHDRAWAL, THE ASSESSEE HAS CONTEN DED THAT THEY REQUESTED TO CIT-DR, WHETHER ANY CROSS APPEAL IS FILED BY REV ENUE AGAINST THE DELETING THE ADDITIONS OF SECTION14ARWS RULE8D BY L D CIT(A). IT IS FURTHER STATED THAT LD. CIT(A) HAD CONFIRMED THAT NO APPEAL HAS BEEN FILED BY REVENUE. IT IS PRAYED IN THE APPLICATION, SINCE, TH E REVENUE HAS NOT FILED ANY ITA NO. 959 MUM 2019-LUPIN INVESTMENT PVT. LTD. 2 APPEAL ACCORDINGLY, AND THE ASSESSEE WISHES TO WITH DRAW ITS APPEAL. THE LD. DR FOR THE REVENUE SUBMITS THAT NO APPEAL AGAINST D ELETING THE DISALLOWANCE UNDER SECTION 14A BY LD. CIT(A) IS FILED BY REVENUE AND THAT HE HAS NO OBJECTION, IF THE APPEAL OF THE REVENUE IS DISMISSE D AS WITHDRAWN. 3. CONSIDERING THE SUBMISSION OF BOTH THE PARTIES, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN, NO ORDER AS TO COST. 4. IN THE RESULT, APPEAL OF THE ASSESSEE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 06/02/2020. SD/- SD/- SHAMIM YAHYA PAWAN SINGH ACCOUNTANT MEMBER JUDIC IAL MEMBER MUMBAI, DATE: 06.02.2020 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR A BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI