SHIROM BUILD CON P. LTD, V. ITO 7(2)(3),

MA 566/MUM/2011

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0995 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-08-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 1998-1999
• Appeal Filed On: 05-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K VYAS
• Assessee Lawyers: RA JEEV WAGLAY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI SANJAY ARORA, AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO. 566/MUM/2011 (ARISING FROM ITA NO. 2554/MUM/2006, ASST YEAR-1998 -99) M/S SHIVAM BUILD CON PVT. LTD. MEZANINE FLOOR, TRAPNEX HOUSE, SHOLAPUR STREET MUMBAI-400 009 VS INCOME TAX OFFICER -7(2)(3), ROOM NO. 618, 6 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI-400020 (APPLICANT) (RESPONDENT) PAN NO. AAACS9143D ASSESSEE BY SHRI RAJEEV WAGLAY REVENUE BY SHRI K. K. VYAS DATE OF HEARING 2 ND AUGUST 2013 DATE OF PRONOUNCEMENT 2 ND AUGUST 2013 ORDER PER VIJAY PAL RAO, JM THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE IS D IRECTED AGAINST THE ORDER OF THIS TRIBUNAL DATED 17.10.2008 IN REVE NUES APPEAL IN ITA NO. 2554/M/2006 FOR THE ASSESSMENT YEAR 1998-99. 2 THE ASSESSEE HAS FILED A LETTER DATED 30.12.201 1 WHEREBY MADE A REQUEST FOR WITHDRAWAL OF THE PRESENT MISCELLANEOUS APPLICATION IN VIEW OF THE ORDER DATED 8.12.2011 PASSED BY THE ASSESSING O FFICER WHEREBY THE RELIEF SOUGHT BY THE ASSESSEE IN THE MISCELLANEOUS APPLICATION HAS ALREADY BEEN GRANTED. WE FURTHER NOTE THAT THE MA NO. 411/M /2011 AGAINST THE SAME COMPOSITE ORDER BUT FOR THE ASSESSMENT YEAR 20 02-03 WAS ALREADY DISMISSED BY THIS TRIBUNAL AS WITHDRAWN ON SAME REA SONS VIDE ORDER DATED 30.8.2012. THE LD. DR HAS NOT RAISED ANY OBJECTION ON THE REQUEST OF THE MA 566/M/2011 SHIVAM BUILD CON PVT. LTD. . 2 ASSESSEE FOR WITHDRAWAL OF THE APPLICATION. ACCORDI NGLY THE MISCELLANEOUS APPLICATION IS DISMISSED BEING WITHDRAWN AS PRAYED IN THE LETTER DATED 30.12.2011. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS DISMISSED. ORDER PR ORDER PR ORDER PR ORDER PRONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT AT THE TIME OF HEARIN G I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON 2 22 2 ND NDND ND AUGUST AUGUST AUGUST AUGUST 2013 2013 2013 2013 SD/- SD/- (SANJAY ARORA) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI: DATED: 2 ND AUGUST 2013 SUBODH. COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI