ITO 28(2)(2), V. MISHREELAL JINDAL (hUF),

MA 335/MUM/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6566 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N MAKWANA
• Assessee Lawyers: NARENDRA MAN GAL
• Keywords: Application of stay
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SAKTIJIT DEY , JUDICIAL MEMBER MA NO. 335/MUM/2016 ( ARISING OUT OF S A NO. 55 /MUM/201 6 ) : (A.Y : 2008 - 09) ITO - 28(2)(2), MUMBAI (APPLICANT) VS. MISHREELAL JINDAL HUF 125, ARNEJA ARCADE, SECTOR - 17, VASHI, NAVI MUMBAI 400 703. PAN : AAIHM9618N (RESPONDENT) APPLICANT BY : SHRI G.N. MAKWANA RESPONDENT BY : SHRI NARENDRA MANGAL DATE OF HEARING : 22/02/2019 DATE OF PRONOUNCEMENT : 22/02/2019 O R D E R PER G.S. PANNU , VICE PRESIDENT : THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN PREFERRED BY THE REVENUE UNDER SECTION 254(2) OF THE INCOME TAX ACT, 1961 IN RELATION TO THE ORDER PASSED BY THE TRIBUNAL IN STAY APPLICATION NO. 55/MUM/2016 DA TED 19.02.2016. 2. AT THE TIME OF HEARING, IT WAS A COMMON POINT BETWEEN THE PARTIES THAT THE INSTANT MISCELLANEOUS APPLICATION RELATABLE TO ORDER IN STAY APPLICATION DATED 19.02.2016 HAS BEEN RENDERED INFRUCTUOUS INASMUCH AS 2 MA NO. 335/MUM/2016 MISHREELAL JINDAL HUF THE CORRESPONDING APPEAL OF T HE ASSESSEE IN ITA NO. 3611/MUM/2015 HAS SINCE BEEN DISPOSED OF AND IS NO LONGER PENDING WITH THE TRIBUNAL. 3. IN VIEW THEREOF, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED AS INFRUCTUOUS. THE ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF THE HEARING ON 22 ND FEBRUARY, 2019. SD/ - SD/ - ( SAKTIJIT DEY ) JUDICIAL MEMBER ( G.S. PANNU ) VICE PRESIDENT MUMBAI, DATE : 2 2 N D FEBRUARY, 2019 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, B BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI