BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST, MUMBAI V. ITO (E) - 1(1), MUMBAI

MA 659/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5849 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 15-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIVEK A PERAMPURNA

Judgement Text

P A G E | 1 ITA NO. 659/MUM/2018 A.Y. 2012 - 13 BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST VS. THE INCOME TAX OFICER(E) - 1(1) IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER M.A. NO . 659 /MUM/2018 (ARISING OUT OF ITA NO. 6469/MUM/2016 (ASSESSMENT YEARS: 2012 - 13 ) BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST C - 5, G BLOCK STAR HOUSE, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI - 400 051 VS. THE INCOME TAX OFFICER - (E) - 1(1) MUMBAI PAN AABTB3373J (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI RAJESH S. SHAH, A.R RESPONDENT BY: SHRI VIVEK A. PERAMPURNA , D.R DATE OF HEARING: 15 .02.2019 DATE OF PRONOUNCEMENT: 2 4 .04 .2019 O R D E R PER RAVISH SOOD, JM THE CAPTIONED ASSESSEE APPLICANT HAS FILED THE PRESENT MISCELLANEOUS APPLICATION ON 15.11.2018. AT THE TIME OF HEARING OF THE APPLICATION TH E LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE HAS FILED A LETTER DATED 15.02.2019 , WHEREIN IT IS STATED BY HIM THAT AS THE APPEAL OF THE ASS ESSEE AGAINST THE REJECT ION OF ITS REGISTRATION U NDER SEC.12AA HAS BEEN ALLOWED BY THE TRIBUNAL AND IT HAS BEEN GRANTED REGISTRATION UNDER THE SAID S TATUTORY PROVISION, THUS IT WOULD NOT LIKE TO PURSUE THE PRESENT MISCELLANEOUS APPLICATION FILED WITH THE TRIBUNAL. I N THE BACKDROP OF THE AFORESAID FACT , THE COUNSEL P A G E | 2 ITA NO. 659/MUM/2018 A.Y. 2012 - 13 BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST VS. THE INCOME TAX OFICER(E) - 1(1) FOR THE ASSESSEE HAS SOUGHT LIBERTY TO WITHDRAW THE MISCELLANEOUS APPLICATION FILED WITH THE TRIBUNAL. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) STATED THAT HE HAD NO OBJECTION IF THE MISCELLANE OUS APPLICATION FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. 2. WE HAVE HEARD THE AUTHORIZED REPRESENTATIVES FOR BOTH T HE PARTIES, AND KEEPING IN VIEW THE CONSENSUS AMONGST THE M ALLOW THE PR ESENT MISCELLANEOUS APPLICATION TO BE WITHDRAWN. 3. THE MIS CELLANEOUS APPLICATION FILED BY THE ASSESSEE APPLICANT IS DISMISSED AS WITHDRAWN. ORDER PRON OUNCED IN THE OPEN COURT ON 2 4 . 04 .2019 S D / - S D / - ( SHAMIM YAHYA) (RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 2 4 . 0 4 . 2 0 1 9 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 659/MUM/2018 A.Y. 2012 - 13 BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST VS. THE INCOME TAX OFICER(E) - 1(1)