Appeal details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 2017 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 13 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
10-06-2019
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
G
Assessment Year
2015-2016
Appeal Filed On
28-03-2019
Judgement Text
T HE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI PAWAN SINGH (JM) M.A. NO. 223/MUM/2019 ARISING OUT OF S.A. NO.111/MUM/2019 (ASSESSMENT YEAR 20 15 - 16 ) M/S. SHAMROCK INFOSYS LTD. 83E HANSRAJ PARAGJI BUILDING, DR.E. MOSES ROAD MAHALAXMI (WEST) MUMBAI - 400 011. PAN : AAACS5755K V S . ITO 3(3)(2) AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI FIROZ ANDHYAURJINA DEPARTMENT BY SHRI D.G. PANSARI DATE OF HEARING 7.6 . 201 9 D ATE OF PRONOUNCEMENT 10 . 6 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF THE ITAT IN STAY APPLICATION NO. 111/MUM/2019. IN THE STAY APPLICATION, THE ITAT HAD ORDER ED FOR PAYME NT OF A SUM OF RS. 20 LAKHS BY WAY OF TWO INSTALLMENTS OF RS. 10 LAKHS EACH. THE ASSESSEE BY WAY OF THIS MISCELLANEOUS APPLICATION HAD SUBMITTED THAT IN THE OPEN COURT THE ITAT HAS ORDERED THAT THE ASSESSEE WOULD BE REQUIRED TO PAY RS. 10 LAKHS BY WAY OF T WO INSTALLMENTS OF RS. 5 LAKHS EACH. WHEN THIS ISSUE WAS EXAMINED, IT WAS NOTED FROM THE LOGB OOK MAINTAINED BY BOTH MEMBERS, A CTUALLY THE ITAT HAD PRONOUNCED IN THE OPEN COURT THAT THE ASSESSEE WOULD BE REQUIRED TO PAY RS. 20 LAKHS BY INSTALLMENT OF RS. 1 0 LAKHS ONWARDS. WHEN THIS ASPECT WAS CONFRONTED WITH THE ASSESSEE COUNSEL - REPRESENTATIVE, THEY HAVE NOW FILED AFFIDAVIT SEEKING CONDONATION OF THEIR WRONGFUL SUBMISSION AND HAVE UNCONDITIONALLY SOUGHT WITHDRAWAL OF THIS MISCELLANEOUS APPLICATION. ON EARL IER OCCASION THIS BENCH HAS DIRECTED T HE REVENUE TO TAKE ACTION FOR P U RGERY M/S. SHAMROCK INFOSYS LTD. 2 INSTITUTED BY WRONGFUL SUBMISSION OF THE ASSESSEE. NOW IN VIEW OF THE UNCONDITIONAL APOLOGY SUBMITTED BY THE ASSESSEE AND ITS COUNSEL, WE HEREBY DIRECT THAT THE REVENUE SHALL NOT CARRY ON ACTION FOR THE P URGER Y AS ADVISED EARLIER. ASSESSEE IS PERMITTED TO WITHDRAW THE MISCELLANEOUS APPLICATION AND ACCORDINGLY, MISCELLANEOUS APPLICATION IS DISMISSED AS WITHDRAWN. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 10 . 6 . 201 9 . SD/ - SD/ - (PAWAN SINGH) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 10 / 6 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDE NT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI
