SUDHIR RAO, V. ASST CIT CIR 8(2),

MA 249/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9705 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 14-12-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 29-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V K KRISHNAMURTHY
• Assessee Lawyers: HIRAL SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI DINESH KUMAR AGARWAL (J.M.) AND SHRI N.K. BILLAIYA (A.M.) MA NO. 249/MUM/2011 ARISING OUT OF ITA NO. 9648/MUM/2004 ASSESSMENT YEAR 2001-02 SHRI SUDHIR RAO, C/O GENERAL MOTORS INDIA PVT. LTD., INSTITUTIONAL AREA, PLOT NO. 15, SECTOR 32, GURGAON 122 001, HARYANA STATE. PAN : AEKPR3060D VS. ASSTT. COMMISSIONER OF INCOME- TAX CIRCLE -28(2), [CURRENTLY ASSESSED WITH ACIT- CIRCLE 26(2)], ROOM NO. 603, 6 TH FLOOR, SMT. K.G. MITTAL AYURVED HOSPITAL, NEAR CHARNI ROAD STATION, MUMBAI- 400 002. (APPLICANT) (RESPONDENT) ASSESSEE BY : MS. HIRAL SHAH REVENUE BY : SHRI V.K. KRISHNAMURTHY DATE OF HEARING 14-12-2012 DATE OF PRONOUNCEMENT 14-12-2012 O R D E R PER DINESH KUMAR AGARWAL, J.M. THIS MISC. APPLICATION PREFERRED BY THE ASSESSEE I S DIRECTED AGAINST THE ORDER DATED 23-1-2008 PASSED BY THE TRIBUNAL IN ITA NO. 9648/MUM/2004 FOR A.Y. 2001-02. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE FILED A LETTER OF WITHDRAWAL DTD. 6-11-2012, INTER ALIA, SUBMITTED AS UNDER (PARA 1, 2, 3 AND LAST PARA) : MA NO. 249/MUM/2011 2 1. ON MARCH 30, 2011, COMMISSIONER OF INCOME-TAX - 26 (CIT) ISSUED A SANCTION AND DIRECTION FOR PROSECUTION AGA INST THE APPELLANT FOR AY 2000-01 AND AY 2001-02. HAVING REGARDS TO SUCH D IRECTIONS, ASSISTANT COMMISSIONER OF INCOME-TAX - 26(2) FILED A COMPLAINT AGAINST THE APPELLANT BEFORE THE ADDITIONAL CHIEF METROPOLI TAN MAGISTRATE (MUMBAI). 2. PURSUANT TO INITIATION OF PROSECUTION PROCEEDING S UNDER SECTION 276C(1) READ WITH SECTION 277 OF THE INCOME-TAX ACT , 1961 (ACT), AND IN ORDER TO AVOID PROTRACTED LITIGATION AND BUY PEACE OF MIND, THE APPELLANT FILED AN APPLICATION FOR COMPOUNDING OF OFFENCE UND ER SECTION 279(2) OF THE ACT WITH THE JURISDICTIONAL CHIEF COMMISSIONER OF INCOME TAX IX (CCIT-IX) ON MAY 7, 2012. 3. POST THE ABOVE, AFTER THOROUGH INQUIRY AND PROCE EDINGS, THE COMPOUNDING APPLICATION FOR THE AY 2000-01 AND AY 2 001-02 HAS BEEN APPROVED BY THE COMMITTEE SET UP FOR THIS PURPOSE V IDE ORDER DATED OCTOBER 25, 2012 .. IN LIGHT OF THE ABOVE, GIVEN THAT THE MATTER OF THE APPELLANT FOR AY 2000-01 AND AY 2001-02 IS COMPOUNDED AND IN ORDE R TO HONOR THE UNDERTAKING FILED BY APPELLANT WITH THE CIT IN THIS REGARD, IT IS HEREBY SUBMITTED THAT THE APPELLANT DOES NOT INTEND TO PUR SUE THE APPEALS FILED BEFORE YOUR HONORS ANY FURTHER. CONSEQUENTLY, THE A PPELLANT WISHES TO WITHDRAW THE APPEALS FILED BY HIM. WE HUMBLY REQUEST YOUR HONORS TO KINDLY TAKE THE AB OVE ON RECORD AND ACCEPT THE WITHDRAWAL OF THE AFOREMENTIONED APPEALS . 3. THE LD. D.R. DID NOT OBJECT TO THE SAME. 4. AFTER HEARING THE RIVAL PARTIES AND PERUSING THE MATERIAL AVAILABLE ON RECORD AND IN ABSENCE OF ANY OTHER SUPPORTING MA TERIAL PLACED ON RECORD BY THE ASSESSEE, THE WITHDRAWAL OF THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED AND ACCORDINGLY WE DISMISS THE ASSESSEES MISC. APPLICATION FOR NON-PROSECUTION. MA NO. 249/MUM/2011 3 5. IN THE RESULT, THE ASSESSEES MISC. APPLICATION STANDS DISMISSED BEING WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14-12-2012. SD/- (N.K. BILLAIYA) ACCOUNTANT MEMBER SD/- (DINESH KUMAR AGARWAL) JUDICIAL MEMBER MUMBAI, DATED 14-12-2012. RK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT (A) CONCERNED, MUMBAI 4. CIT, CONCERNED, MUMBAI, MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH E, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI