M/S NOCIL LIMITED, MUMBAI v. THE DCIT-7(1), MUMBAI

ITA 367/MUM/2011 | misc
Pronouncement Date: 24-10-2013 | Result: Dismissed

Appeal Details

RSA Number 36719914 RSA 2011
Assessee PAN NAACN4412E
Bench Mumbai
Appeal Number ITA 367/MUM/2011
Duration Of Justice 2 year(s) 9 month(s) 10 day(s)
Appellant M/S NOCIL LIMITED, MUMBAI
Respondent THE DCIT-7(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 24-10-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 24-10-2013
Date Of Final Hearing 24-10-2013
Next Hearing Date 24-10-2013
Assessment Year misc
Appeal Filed On 13-01-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J MUMBAI BEFORE SHRI H L KARWA PRESIDENT & SHRI N K BILLAIYA ACCOUNTANT MEMBER ITA NO.367/MUM/2011 FOR ASST. YEAR: 1988-89 NOCIL LIMITED MAFATLAL HOUSE 3 RD FLOOR BACKBAY RECLAMATION MUMBAI- 400 020 PAN AACN4412E VS. THE DCIT - 7(1) MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : LETTER DT. 23.10.13 RESPONDENT BY : SHRI SHISHIR SRIVASTAVA DATE OF HEARING : 24.10.2013 DATE OF PRONOUNCEMENT : 24.10.2013 O R D E R PER H L KARWA PRESIDENT : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-2 MUMBAI DATED 15.10.2010 RELATING TO A.Y. 1988-89. 2. IN THIS APPEAL THE ASSESSEE HAS TAKEN THE FOLLO WING GROUNDS: 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS ) IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW OUGHT TO HAVE HELD THAT THE APPELLANT IS ENTITLED TO INTEREST UNDER SECTION 214 /244 OF THE INCOME TAX ACT 1961 INSTEAD AND IN PLACE OF UNDER SECTION 244A OF THE ACT AS GRANTED BY THE ASSESSING OFFICER FOR THE ASSESSMENT YEAR UNDER REFERENCE. 2. THE APPELLANT CRAVES LEAVE TO ADD ALTER AMEND OR WITHDRAW ALL OR ANY OF THE GROUNDS OF APPEAL HEREIN AND TO SUBMI T SUCH STATEMENTS DOCUMENTS AND PAPERS AS MAY BE CONSIDERED NECESSARY AT ANY TIME BEFORE OR AT THE TIME OF HEARING THE APPEAL. 2 ITA NO.367/M/2011 AY:1988-89 2. THE ASSESSEE VIDE ITS LETTER DATED 2310.2013 HAS STATED AS UNDER: 1. THE ABOVE REFERRED APPEAL FILED BY THE APPELLANT IS FIXE FOR HEARING ON 24 TH OCTOBER 2013. THE APPEAL INVOLVE GROUND REFERABLE TO GRANTING OF INTEREST UNDER SECTION 214 /244 OF THE INCOME TAX ACT 1961 (THE ACT) INSTEAD AND IN PLACE OF UNDER SECTION 244A OF THE ACT AS GRANTED BY THE ASSESSING OFFICER FOR THE ASSESSMENT YEAR 1988-89. 2. WITH THIS LETTER WE STATE HERE THAT WE DO NOT W ANT TO PURSUE THE RELIEFS CLAIMED IN THE SAID APPEAL PETITION. UNDER THE CIRCUMSTANCES THE APPELLANT DOES NOT WANT TO PRESS THE SAID GROUND. 3. WE REGRET THE INCONVENIENCE CAUSED TO YOUR HONOU RS AND TRUST YOUR HONOURS WILL BE PLEASED TO ACCEDE TO OUR REQUE ST. 3. FROM THE ABOVE LETTER IT IS CLEAR THAT THE ASSE SSEE DOES NOT WANT TO PRESS FOR THE GROUNDS RAISED IN THE APPEAL. CONSEQUENTLY TH E APPEAL STANDS DISMISSED. 4. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH OCTOBER 2013. SD/- SD/- (N.K.BILLAIYA) (H L KARWA) ACCOUNTANT MEMBER PRESIDENT MUMBAI DT : 24 TH OCTOBER 2013 SA COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T MUMBAI 4. THE CIT (A)-2 MUMBAI 5. THE DR J- BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI