DAINTER AG (DAG), V. DCIT *IT) 1(2),

MA 371/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9474 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2002-2003
• Appeal Filed On: 07-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI L BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI RAJENDRA SINGH, AM & SHRI VIJAY PAL RA O, JM MISCELLANEOUS APPLICATIONS NO. 370 & 371/MUM/2011 ARISING OUT OF ITA NOS. ITA NO. 8520/M/2004 & 6574/M/2006 (ASST YEARS 2001-02 & 2002-03) M/S DAIMLER CHRYSLER AG C/O M/S S R BATLIBOI & CO 14 TH FLOOR, THE RUBY 29 SENAPATI BAPAT MARG DADAR (W) MUMBAI 28 VS THE DY DIRECTOR OF INCOME TAX (IT 1(2), MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AABCD2354C ASSESSEE BY SHRI R R VORA REVENUE BY SH PRADEEP KUMAR SINGH DT.OF HEARING 16 TH NOV 2012 DT OF PRONOUNCEMENT 16 TH ,NOV 2012 ORDER PER VIJAY PAL RAO, JM THESE MISCELLANEOUS APPLICATIONS BY THE ASSESSEE W ERE FILED AGAINST THE ORDER DATED 31 MARCH 2010 OF THIS TRIBUNAL WHEREBY THE CR OSS APPEALS OF THE PARTIES FOR THE ASSESSMENT YEARS 2001-02 AND 2002-03 WERE DISPOSED OFF. 2 AT THE TIME OF HEARING, THE LD AR OF THE ASSESSEE HAS FILED A LETTER DATED 15 TH NOV 2012 AND SUBMITTED THAT SINCE THE ASSESSING OFF ICER HAS PASSED THE GIVING EFFECT ORDERS DATED 28.8.2012 AND 25.10.2012 THEREBY ALLOW ED THE RELIEF AS GRANTED BY THE TRIBUNAL VIDE IMPUGNED ORDER. THUS, THE LD AR HAS STATED THAT SINCE NO GRIEVANCE IS LEFT; THEREFORE, THE ASSESSEE DOES NOT WANT TO PURS UE THESE MISCELLANEOUS APPLICATIONS AND REQUEST FOR WITHDRAWAL OF THE SAME . M/S DAIMLER CHRYSLER AG . 2 2.1 ON THE OTHER HAND, THE LD DR HAS NO OBJECTION, IF THE MISCELLANEOUS APPLICATIONS OF THE ASSESSEE ARE DISMISSED AS PRAYE D. 3 ACCORDINGLY, WE DISMISS THE MISCELLANEOUS APPLICA TIONS FILED BY THE ASSESSEE, BEING WITHDRAWN. 4 IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FIL ED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 16 TH NOV 2012 SD/- SD/- ( RAJENDRA SINGH ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 16 NOV 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI