CEAT LIMITED, MUMBAI v. ASST.C.I.T., RANGE 6(2), MUMBAI

ITA 2883/MUM/2009 | 2004-2005
Pronouncement Date: 07-05-2010 | Result: Dismissed

Appeal Details

RSA Number 288319914 RSA 2009
Assessee PAN AAACC1645G
Bench Mumbai
Appeal Number ITA 2883/MUM/2009
Duration Of Justice 1 year(s) 2 day(s)
Appellant CEAT LIMITED, MUMBAI
Respondent ASST.C.I.T., RANGE 6(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 07-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 07-05-2010
Date Of Final Hearing 28-04-2010
Next Hearing Date 28-04-2010
Assessment Year 2004-2005
Appeal Filed On 05-05-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL (JM) AND SHRI T.R. SOOD (AM) ITA NO.2883/MUM/2009 ASSESSMENT YEAR : 2004-05 CEAT LIMITED 463 CEAT MAHAL DR. ANNIE BESANT ROAD MUMBAI-400 030. ..( APPELLANT ) P.A. NO. (AAACC 1645 G) VS. ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 6(2) AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. ..( RESPONDENT ) APPELLANT BY : SHRI RAJESH DESAI RESPONDENT BY : SHRI AJ IT KUMAR SINHA O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 12.11.2007 PASSED BY THE LD. CIT(A) FOR T HE ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE SUBMITS THAT IN VIEW OF ASSESSEE'S LETTER DATED 22.4.2010 THE ASSE SSEE MAY BE ALLOWED TO WITHDRAW THE APPEAL WHICH WAS NOT OBJECTED TO BY THE LD. DR. ITA NO.2883/M/09 A.Y:04-05 2 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RI VAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE ASSESSEE VIDE LETTER DATED 22.4.2010 INTERALIA STATED AS UNDER : IN THE SUBJECT MATTER COMMISSIONER OF INCOME TAX HAS OPENED THE CASE FOR SCRUTINY UNDER SECTION 263 OF THE INCOME TAX ACT STATING THAT THE LEASE RENT DEDUCTI ON IS CLAIMED TWICE IN COMPUTATION FOR THE ASSESSMENT YEA R 2004-05. WE EXPLAINED TO THE COMMISSIONER OF INCOM E TAX (RANGE-6) BUT HE REFERRED BACK THE MATTER TO T HE ASSESSING OFFICER THEREFORE WE HAVE APPEALED BEFORE THE HONBLE INCOME TAX APPELLATE TRIBUNAL. WE HAVE RECEIVED THE ORDER OF THE ASSESSING OFFICER WHICH IS IN OUR FAVOUR THEREFORE WE WOULD LIKE TO WITHDR AW OUR APPEAL BEFORE THE HONBLE INCOME TAX APPELLATE TRIBU NAL MUMBAI. 4. THAT BEING SO AND IN THE ABSENCE OF ANY CONTRARY MAT ERIAL PLACED ON RECORD BY THE REVENUE WE ALLOW THE WITHDRAWAL OF APPEAL AND ACCORDINGLY THE APPEAL FILED BY THE ASSESSEE IS TREATED AS DISMISSED BEING WITHDRAWN. 5. IN THE RESULT ASSESSEE'S APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7.5.2010. SD/- SD/- (T.R. SOOD) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEM BER MUMBAI DATED: 7.5.2010. JV. ITA NO.2883/M/09 A.Y:04-05 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 28.4.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 29.4.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 11.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER