KETAN DALAL, MUMBAI v. ITO 11(2)(4), MUMBAI

ITA 4425/MUM/2009 | 2004-2005
Pronouncement Date: 29-07-2011 | Result: Dismissed

Appeal Details

RSA Number 442519914 RSA 2009
Assessee PAN AAAPD4399P
Bench Mumbai
Appeal Number ITA 4425/MUM/2009
Duration Of Justice 2 year(s) 6 day(s)
Appellant KETAN DALAL, MUMBAI
Respondent ITO 11(2)(4), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 29-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 29-07-2011
Date Of Final Hearing 05-10-2011
Next Hearing Date 05-10-2011
Assessment Year 2004-2005
Appeal Filed On 23-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI BEFORE S/SHRI D.K.AGARWAL (JM) AND R.K.PANDA (A.M ) ITA NO.4425/MUM/2009 (ASSESSMENT YEAR: 2004-05) MR.KETAN DALAL FLAT NO.G BAUG-E-SARA 2 ND FLOOR 16 NAPEANSEA ROAD OPP.AXIS BANK MUMBAI-400036. PAN: AAAPD4399P INCOME TAX OFFICER 11(2)(4) AAYAKAR BHAVAN MAHARSHI KARVE ROAD MUMBAI-400020. APPELLANT V/S RESPONDENT DATE OF HEARING : 28.7.2011 DATE OF PRONOUNCEMENT : 28.7.2011 APPELLANT BY : NONE (WITHDRAWAL LETTER DATED:1 2.11.2010) RESPONDENT BY : SHRI P.K.B.MENON O R D E R PER D.K.AGARWAL (JM) THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 1.5.2009 PASSED BY THE LEAR NED COMMISSIONER OF INCOME TAX (A) FOR THE ASSESSMENT YEAR 2004-05 TAKING FOLLOWING GROUND OF APPEAL: THE LEARNED CIT(A) ERRED IN RESTORING THE MATTER TO THE FILE OF AO EXPENSE UNDER SECTION 14-A AND RULE 8D O N THE PLEA THAT THE SHARE INCOME FROM. 2. THE ASSESSEE VIDE LETTER DATED 12.11.2010 SUBMI TTED AS UNDER : ITA NO.4425/MUM/2009 (ASSESSMENT YEAR: 2004-05) 2 1. THE ONLY ISSUE IN REGARD TO THE DISALLOWANCE O F RS.1 95 803/- UNDER SECTION 14A R.W. RULE 8D OF TH E ACT. 2. THE AO HAS RESTRICTED THE DISALLOWANCE UNDER SECTION 14A TO RS.73 379/- VIDE ORDER DATED 14.10.2 010 PASSED UNDER SECTION 143(3) R.W.S.250 OF THE ACT. 3. THE APPEAL BEFORE HONBLE TRIBUNAL IS INFRUCTUOUS IN THE ABSENCE OF ANY OBJECTION RAISED BY THE LEARN ED D.R. AGAINST THE WITHDRAWAL OF THE ASSESSEES APPEAL TH E APPEAL FILED BY THE ASSESSEE IS TREATED AS DISMISSED BEING WITHDRAWN. 3. IN THE RESULT THE ASSESSEES APPEAL STANDS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.7.2011. SD SD ( R.K.PANDA) (D.K.AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 28 TH JULY 2011 SRL: COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH 6. GUARD FILE. BY ORDER TRUE COPY ASSTT. REGISTRAR ITAT MUMBAI