BANSI J. JAISING, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX-5(1), MUMBAI

ITSSA 4593/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6553 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 18-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 23-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJORE SATISHCHANDRA RAMSEVAK
• Assessee Lawyers: NILESH M PATEL; VIRAJ Y MEHTA
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE JUSTICE SHRI P.P.BHATT, PRESIDENT AND SHRI G.S.PANNU, VICE- PRESIDENT IT(SS)A NO. 4593/MUM/2017, (BLOCK PERIOD 01/04/1989 TO 16/11/199) SHRI BANSI J. JAISING, 20/21B, CHAND TERRACES, ST.ANDREWS ROAD, BANDRA WEST,MUMBAI 400 050 PAN: AABPJ8047P ...... APPELLANT VS. THE ACIT-5(1) MUMBAI ..... RESPONDENT APPELLANT BY : S/SHRI VIRAJ Y. MEHTA & NILESH M. PATEL RESPONDENT BY : SHRI RAJORE SATI SHCHANDRA RAMSEVAK DATE OF HEARING : 25/10/2018 DATE OF PRONOUNCEMENT : 18/01/2019 ORDER PER G.S.PANNU, VICE-PRESIDENT: THE CAPTIONED APPEAL FILED BY THE ASSESSEE FOR THE BLOCK PERIOD 01/04/1089 TO 16/11/1999 IS DIRECTED AGAINS T AN ORDER PASSED BY CIT(A)-10, MUMBAI DATED 31/03/2017, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OF FICER UNDER SECTION 158BC(C) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT) DATED 29/01/2002. 2. AT THE TIME OF HEARING, THE LD.REPRESENTATIVE F OR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PURSUE THE 2 IT(SS)A NO. 4593/MUM/2017 CAPTIONED APPEAL AND HAS FILED A LETTER SIGNED BY T HE ASSESSEE. THE CONTENTS OF THE ASSESSEES LETTER READ AS UNDER:- REF: BANSI JAISINGH: ITA NO.ITSSA-4593/MUM/2017: B LOCK PERIOD 01/041989. SUB: WITHDRAWAL PETITION IN THE ABOVE REFERRED MATT ER, HEARING ON 25/10/2018. RESPECTED SIR, WITH REFERENCE TO ABOVE REFERRED SUBJECT MATTER, IT IS HEREBY SUBMITTED AS HEREWITH:- I HAVE FILED AN APPEAL BEFORE YOUR HONOURS AGAINST CIT(A)S ORDER CHALLENGING THAT THE BLOCK ASSESSMENT MADE ARE NOT SUSTAINABLE IN LAW SINCE NO INCRIMINATING MATERIALS WERE FOUND DURING THE COURS E OF SEARCH. IT IS SUBMITTED THAT BEFORE CIT(APPEALS) PROCEEDING S, THE THEN LD.AR HAD ORALLY NOT PRESSED THE ABOVE REFERRED GROUND. SINCE I DO NOT WANT TO PURSUE THE SAID GROUND, I WI SH TO WITHDRAW THE APPEAL FILED BEFORE YOUR HONOURS. 3. LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE HAS NO OBJECTION TO THE AFORESAID REQUEST OF THE ASSESSEE. 4. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN ORDER PRONOUNCED IN THE OPEN COURT ON 18/01/2019. SD/- SD/- (JUSTICE P.P.BHATT) (G.S. PANNU) PRESIDENT VICE-PRESIDENT MUMBAI, DATED 18/01/2019 VM , SR. PS 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