TAYO ENGINEERING INDIA LTD, V. DCIT RG 10(3),

MA 650/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0632 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-07-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 2003-2004
• Appeal Filed On: 22-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAREDIR KUMAR

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES L MUMBAI . , /! ! ! ! '#$% , #& '( BEFORE SHRI D. MANMOHAN, VICE PRESIDENT /AND SHRI RAJENDRA, ACCOUNTANT MEMBER M.A. NO. 650/MUM/2012 (ARISING OUT OF ITA NO. 3279/MUM/2008) ASSESSMENT YEAR 2003-04 M/S. TOYO ENGINEERING INDIA LTD. TOYO HOUSE, L.B.S. MARG, KANJURMARG (W) MUMBAI-400 078. VS. DY. CIT 10(3) AAYAKAR BHAVAN, 101 M.K.ROAD, MUMBAI-400020 PAN: AAACT1772H (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI RAJAN VORA RESPONDENT BY : SHRI NAREDIR KUMAR ) *& / DATE OF HEARING : 01-07-2013 +, ) *& / DATE OF PRONOUNCEMENT : 01-07-2013 '#- / O R D E R PER RAJENDRA, A.M. IN THIS CASE, MISCELLANEOUS APPLICATION (MA NO.50/M UM/2011-02) WAS FILED BY THE ASSESSEE ON 22 ND OCTOBER, 2012 CHALLENGING THE ORDER OF THE TRIBUNA L PASSED ON 25 TH MAY, 2012. BESIDES FILING THE MISCELLANEOUS APPLIC ATION, ASSESSEE HAD SIMULTANEOUSLY FILED AN APPEAL AGAINST THE ORDER OF THE TRIBUNAL BEFORE THE HONBLE HIGH COURT OF BOMBAY. VIDE ITS ORDER DATED 30 TH OCTOBER, 2012 HONBLE JURISDICTIONAL HIGH COURT QUASHED THE ORDER OF THE ITAT DATED 25.0 5.2012 AND SET-ASIDE THE MATTER TO THE FILE OF THE TRIBUNAL FOR FRESH DECISION ON M ERITS AND IN ACCORDANCE WITH LAW. 2. TODAY, DURING THE COURSE OF HEARING BEFORE US, IT W AS SUBMITTED BY THE AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE THAT MA FILED BY THE ASSESSEE HAD TO BE TREATED AS WITHDRAWN. DEPARTMENTAL REPRESENTATIV E HAD NO OBJECTION IF THE WITHDRAWAL OF MA WAS ALLOWED. WE HAVE CONSIDERED THE MATERIAL BEFORE US. MA FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. M.A. NO. 650/MUM/2012 (ARISING OUT OF ITA NO. 3279/MUM/2008) 2 AS A RESULT, APPEAL FILED BY THE ASSESSEE ST ANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST JULY, 2013 '#- ) +, &# $ . /' 01 ST TQYKB TQYKB TQYKB TQYKB Z , 2013 ) 5 6 SD/- SD/- ( . / D. MANMOHAN ) ( '#$% / RAJENDRA ) / VICE PRESIDENT #& '( / ACCOUNTANT MEMBER / MUMBAI, /' / DATE: 01 ST JULY, 2013 SK '#- ) 7*8 9#8,* '#- ) 7*8 9#8,* '#- ) 7*8 9#8,* '#- ) 7*8 9#8,* / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR L BENCH, ITAT, MUMBAI 6. GUARD FILE :8* 7* //TRUE COPY// '#- '#- '#- '#- / BY ORDER, / ' ' ' ' DY./ASST. REGISTRAR , / ITAT, MUMBAI