ZEE ENTERTAINMENT ENTERPRISE LIMITED, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX 16 (1) , MUMBAI

MA 550/MUM/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4616 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 16-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIVEK A PERAMPURNA
• Keywords: Rectification of order
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J , MUMBAI BEFORE S HRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) M .A. N O. 550 / MUM /2018 ( ARISING OUT OF ITA N O. 2035 /MUM /201 6 ) ( ASSESSMENT YEAR : 2011 12 ) ZEE ENTERTAINMENT ENTERPRISES LTD., 18 TH FL OOR, A WING, MARATHON FUTUREX, N M JOSHI MARG, LOWER PAREL, MUMBAI - 400013 PAN: AAACZ0243R VS. T HE ACIT 16(1), MUMBAI - 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI JAY BHANSALI (A R) REVENUE BY : SHRI VIVEK A. PERAMPURNA (DR) DATE OF HEARING: 15/02 /201 9 DATE OF PRONOUNCEMENT: 13 / 05 /201 9 O R D E R PER RAM LAL NEGI, JM THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION (MA) FOR RECTIFICATION OF ORDER DATED 28.05.2018 P ASSED BY THE K BENCH OF THE TRIBUNAL IN ASSESSEES APPEAL ITA NO . 2035/M UM /2016 PERTAI NING TO THE ASSESSMENT YEAR 2011 - 12 . 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPLICANT/ASSESSEE HAS FILED AN APPLICATION FOR WITHDRAWAL OF THE PRESENT MISCELLANEOUS APPLICATION (MA) ON THE GROUND THAT THE ASSESSING OFFICER HAS RESTRICTED THE ADDITION TO 0.2% OF THE AVERAGE GUARANTEE OUTSTANDING AS PRAYED, VIDE ORDER DATED 31.12.2018 WHILE GIVING EFFECT TO THE DIRECTION OF THE TRIBUNAL. THE REFORE, THE ISSUE RAISED BY WAY OF THE PRESENT MA DOES NOT SURVIVE. THE LD. COUNSEL FURTHER SUBMITTED THAT IN THE LIGHT OF THE FACTS AFORESAID, THE APPLICANT/ ASSESSEE WANTS TO WITHDRAW THE PRESENT MISCELLANEOUS APPLICATION. 2 M.A. NO . 550 /MUM/2018 ASSESSMENT YEAR S : 2011 - 12 3. THE LD. DEPARTMENTAL REPRES ENTATIVE (DR) DID NOT OPPOSE THE APPLICATION FOR WITHDRAWAL OF THE MA FILED BY THE ASSESSEE. 3. IN VIEW OF THE APPLICATION DATED 15.02.2019 , DULY SIGNED BY SHRI JAY BHANSALI, ADVOCATE, A UTHORISED S IGNATORY, WE ALLOW THE WITHDRAWAL OF THE PRESENT MA AND D ISMISS THE SAME AS WITHDRAWN. IN THE RESULT, MISC. APPLICATION FILED BY THE ASSESSEE PERTAINING TO THE ASSESSMENT YEAR 2011 - 12 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MAY , 2019 . SD/ - SD/ - ( SHAM IM YAHYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 13 / 0 5 / 2019 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / IT AT, MUMBAI