DCIT CIRCLE 4(2)(1), MUMBAI V. UBS SECURITIES INDIA P.LTD, MUMBAI

MA 149/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8788 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 06-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HIRAL DESAI
• Keywords: Application of stay

Judgement Text

DCIT, CIRCLE 4(2)(1), MUMBAI VS. UBS SECURITIES INDIA P. LTD. M.A NO. 149 /MUM/201 9 A.Y 20 11 - 12 (ARISING OUT OF SA NO. 528/MUM/2018 ) 1 IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, M UMBAI BEFORE SHRI S. RIFAUR RAHMAN , AM AND SHRI RAVISH SOOD, JM M.A. NO. 149 /MUM/201 9 (ARISING OUT OF SA NO. 528 /MUM/201 8 ) ( / ASSESSMENT YEAR: 2011 - 12 ) DY. COMMISSIONER OF INCOME - TAX, CIRCLE - 4(2)(1), MUMBAI. / VS. M/S UBS SECURITIES INDIA PVT. LTD. 2/F, 2, NORTH AVENUE, MAKER MAXITY, BKC, BANDRA (EAST), MUMBAI 400 051. ./ ./ PAN NO. AAACU1304N ( / APPLICANT) : ( / RESPONDENT ) / APPLICANT BY : SMT. SHREEKALA PARDESHI, D.R / RESPONDENT BY : MS. HIRAL DESAI / DATE OF HEARING : 08.01.2021 / DATE OF PRONOUNCEMENT : 08. 0 1 .20 2 1 / O R D E R PER RAVISH SOOD, JM: THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE ARISES FROM THE ORDER DATED 03 RD , JANUARY 2019 THAT WAS PASSED BY THE TRIBUNAL WHILE DISPOSING OFF THE STAY APPLICATION NO. 528/MUM/2018 (ARISING OUT OF ITA NO. 1819/MUM/2016) OF THE ASSESSEE COMPANY FOR ASSESSMENT YEAR 2011 - 12 . DCIT, CIRCLE 4(2)(1), MUMBAI VS. UBS SECURITIES INDIA P. LTD. M.A NO. 149 /MUM/201 9 A.Y 20 11 - 12 (ARISING OUT OF SA NO. 528/MUM/2018 ) 2 2. AT THE VERY OUTSET OF THE HEARING OF THE APPLICATION , IT WAS SUBMITTED BY THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) THAT AS THE ORDER DATED 03 RD JANUARY, 2019 PASSED BY THE TRIBUNAL EXTENDING THE STAY ON RECOVERY OF THE OUTSTANDING DEMAND OF THE ASSESSEE COMPANY FOR A PERIOD OF THREE MONTHS , AS ON DATE , DOES NO MORE SURVIVE, THEREFORE, THE PRESENT MISCELLANEOUS APPLICATION HAVING BEEN RENDERED AS INFRUCTUOUS MAY BE ALLOWED TO BE WITHDRAWN. 3 . THE LD. AUTHORISED REPRESENTATIVE HAD NO OBJECTION TO THE SEEKING OF WITH DRAWAL OF THE AFORESAID MISCELLANEOUS APPLICATION BY THE REVENUE. 4 . IN THE BACKDROP OF THE AFORESAID FACTS AND THE CONCESSION OF THE LD. D.R, WE HEREIN PERMIT THE WITHDRAWAL OF THE AFORESAID MISCELLANEOUS APPLICATION OF THE REVENUE. 5 . THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 08 /01/2021. SD/ - SD/ - ( S. RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 08 .01.2021 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APP LLLICANT 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