JANHAVI S/ DESAI, V. ASST CIT 18(2),

MA 223/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9165 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2005-2006
• Appeal Filed On: 03-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V KRISHNA MURTHY
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH, J, MUMBAI BEFORE SHRI DINESH KUMAR AGARWAL, JUDICIAL MEMBER A ND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO: 223/MUM/2012 ARISING OUT OF :5687/MUM/2008 ASSESSMENT YEAR : 2005-06 MS. JANHAVI S. DESAI TIECION HOUSE DR. E. MOSES ROAD, MAHALAXMI MUMBAI-400 011. P.A. NO. ADXPD 4035-A DY. COMMISSIONER OF INCOME TAX CIRCLE -18(2) ROOM NO.115, 1 ST FLOOR PIRAMAL CHAMBERS, PAREL MUMBAI-400 012. (APPLICANT) VS. (RESPONDENT) APPLICANT BY : WITHDRAWAL LETTER DATED 13.9.12 RESPONDENT BY : SHRI V. KRISHNAMURTHY DATE OF HEARING : 21.9.2012 DATE OF PRONOUNCEMENT : 21.9.2012 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSE SSEE REQUESTING FOR RECTIFICATION OF ORDER DATED 31.12.2009 OF THE TRIBUNAL IN ITA NO.5687/MUM/2008 FOR THE ASSESSMENT YEAR 2005-06. IN THE MISCELLANEOUS APPLICATION THE ASSESSEE HAS POINTED OUT A MIST AKE IN CALCULATION OF HOLDING PERIOD OF 50% OF PROPERTY INHE RITED BY ASSESSEE FROM HER MOTHER AND REQUESTED FOR RECTIFICATION OF THE ORDER. 2. AT THE TIME OF HEARING OF THE MISCELLANEOUS APPLICAT ION, NO ONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER A WRITTEN SUB MISSION DATED 13.9.2012 HAS BEEN FILED IN WHICH IT HAS BEEN SU BMITTED THAT THE ASSESSEE HAS BEEN ALLOWED FULL RELIEF BY HON'BLE HIGH COU RT OF BOMBAY MA NO.223/MUM/12 ARISING OUT OF ITA NO. 5687/MUM/08 A.Y:05-06 2 VIDE JUDGMENT DATED 5.7.2012. THEREFORE, THE ASSESSEE H AS SOUGHT PERMISSION TO WITHDRAW THE MISCELLANEOUS APPLICATION. THE LD. DR HAD NO OBJECTION IN THE MATTER. WE, THEREFORE, DISMISS THE MISCELLANEOUS APPLICATION AS WITHDRAWN. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE A SSESSEE STANDS REJECTED. ORDER PRONOUNCED IN THE OPEN COURT ON 21.9.2012. SD/- SD/- (DINESH KUMAR AGARWAL) ( RAJENDRA SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 21.9.2012. JV. COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.