ANIL L. SHAH, MUMBAI V. DCIT - LTU, MUMBAI

MA 247/MUM/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6318 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 22-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N HEMALATHADR
• Assessee Lawyers: AJAY I THAKORE

Judgement Text

1 , INCOME-TAX APPELLATE TRIBUNAL -ABENCH MUMBAI , , BEFORE S/SHRI JOGINDER SINGH, JUDICIAL MEMBER AND R AJENDRA,ACCOUNTANT MEMBER M.A. NO.247/MUM/2016 (ARISING OUT OF ./I.T.A./4561/MUM/2013, /ASSESSMENT YEAR: 2001-02) MR. ANIL L. SHAH 307, PREMSONS INDL. ESTATE TAHIRA COMPOUND, CAVES ROAD, JOGESHWARI (E),MUMBAI-400 060. PAN:AADPS 7072 F VS. JCIT-24(1) PRATYAKSHAKAR BHAVAN, BKC BANDRA (EAST) MUMBAI-400 050. ( /APPELLANT ) ( / RESPONDENT ) REVENUE BY: MS. N. HEMALATHA-DR ASSESSEE BY: SHRI AJAY I. THAKORE / DATE OF HEARING: 16.03.2018 / DATE OF PRONOUNCEMENT: 16.03.2018 ORDER/ , - PER RAJENDRA, AM - VIDE ITS LETTER,DATED 12/03/2018,THE ASSESSEE HAS S TATED THAT THE ASSESSEE HAD FILED A MISCELLANEOUS APPLICATION ON 22/07/2016 FOR WHICH H EARING WAS FIXED ON 16/3/2018,THAT A CORRIGENDUM DATED 17/11/2016 IN RESPECT OF THE SAM E HAD ALREADY BEEN RECEIVED BY IT ON 28/12/2016,THAT THE MA FILED BY THE ASSESSEE HAD BE COMES INFURCTUOUS. 2. DURING THE COURSE OF HEARING BEFORE US, THE AR STAT ED THAT THE ASSESSEE WOULD LIKE TO WITHDRAW THE MA FILED. THE DEPARTMENTAL REPRESENTAT IVE (DR) LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. 3. WE FIND THAT SINCE THE CORRIGENDUM DATED 28/12/2016 HAS BEEN ISSUED BY THE TRIBUNAL IN CONNECTION TO ITA NO.4561/MUM/2013,DATED 15/03/2016 ,SO,THE MISCELLANEOUS APPLICATION HAS TO BE REJECED. AS A RESULT, MISCELLANEOUS APPEAL FILED BY ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH , MARCH, 2018. 16 , 2018 SD/- SD /- ( / JOGINDER SINGH ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED : 16.03 .2018. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 2 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR A BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.