BASIL EXPORTS LTD, V. ASST CIT 2(1),

MA 60/MUM/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1465 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-01-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 10-01-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 08-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Assessee Lawyers: ADITI SHETH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'H' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER MA NO. 60/MUM/2013 (ARISING OUT OF ITA NO. 4830/MUM/2009) (ASSESSMENT YEAR: 2003-04) M/S. BASIL EXPORTS (P) LTD. A C I T - 2(1) DEVIDAS MANSION, 3RD FLOOR ROOM NO. 575, 5TH FLOOR MEREWEATHER ROAD, COLABA VS. AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400039 MUMBAI 400020 PAN - AAACB3294Q APPLICANT RESPONDENT APPLICANT BY: SHRI ADITI SHETH RESPONDENT BY: SHRI O.P. SINGH DATE OF HEARING: 17.01.2014 DATE OF PRONOUNCEMENT: 17.01.2014 O R D E R PER D. MANMOHAN, V.P. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEE KS RECALL OF THE ORDER DATED 21 ST DECEMBER, 2010 PASSED BY THE ITAT H BENCH, MUMBA I ON THE PLEA THAT SEVERAL ERRORS WHICH ARE APPARENT FRO M THE RECORD HAVE CREPT INTO THE ORDER OF THE TRIBUNAL. 2. DURING THE COURSE OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE MOVED AN APPLICATION FOR WITHDRAWAL OF THE MISCELLA NEOUS APPLICATION STATING THAT THE HON'BLE BOMBAY HIGH COURT HAS RESTORED THE ISSUE TO THE ASSESSING OFFICER FOR FRESH DISCUSSION WITH A DIRECTION THAT THE ASSESSING OFFICER WOULD APPLY HIS MIND TO THE ISSUE RAISED BEFORE HIM WITHO UT BEING INFLUENCED BY THE OBSERVATION MADE BY THE TRIBUNAL IN ITS ORDER D ATED 21.12.2010. THE LEARNED D.R. HAS NOT RAISED ANY OBJECTION IN THIS R EGARD. WE, THEREFORE, ALLOW MA NO. 60/MUM/2013 M/S. BASIL EXPORTS (P) LTD. 2 ASSESSEE TO WITHDRAW ITS APPEAL. ACCORDINGLY THIS A PPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17TH JANUARY, 2014. SD/- SD/- (N.K. BILLAIYA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 17 TH JANUARY, 2014 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) II, MUMBAI 4. THE CIT II, MUMBAI CITY 5. THE DR, H BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.