M/S ARYA SHIP BREAKING CORPORATIONN,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-6, MUMBAI

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ITA 3127/MUM/2016Status: DisposedITAT Mumbai02 November 2017AY 2008-093 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee filed an application to withdraw the appeal without assigning any reason. The Department had no objection to the withdrawal.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) which had dismissed their appeal against the AO's order u/s 154. The assessee had challenged the charging of interest u/s 234A.

What were the issues?

Whether the appeal filed by the assessee should be dismissed as withdrawn.

Which sections of the Income-tax Act were involved?

Section 234A,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI

Before: SHRI G.S. PANNU (AM) & SHRI RAM LAL NEGI (JM)

Hearing: 02/11/2017Pronounced: 02/11/2017

PER RAM LAL NEGI, JM This appeal has been filed by the assessee against order dated 17/12/2015 passed by the Ld. Commissioner of Income Tax (Appeals)-47, Mumbai, for the assessment year 2008-09, whereby the Ld. CIT (A) has dismissed the appeal filed by the assessee against order passed by the AO u/s 154 of the Income Tax Act, 1961 (for short ‘the Act’).

2.

The assessee has challenged the impugned order passed by the Ld. CIT (A) on the following effective ground:-

“On the facts and circumstances of the case and the law, the Learned CIT (A) has erred in confirming the action of Learned Assessing Officer in charging interest u/s 234A of the Income Tax Act, 1961 of Rs. 7,44,479/- without considering the facts and circumstances of the case.”

2 Assessment Year: 2008-09

3.

This appeal was fixed for hearing for today. Shri Pawan Arya, Managing Partner M/s Arya Ship Breaking Corporation had submitted the application dated 01.11.2017 for permission to withdraw the appeal without assigning any reason.

4.

The Ld. Departmental Representative submitted that the department has no objection in case the application for withdrawal of the appeal is allowed. In view of the written submissions made by Sh. Pavan Arya, we allow the application and dismiss the appeal as withdrawn.

In the result, appeal filed by the assessee for assessment year 2008-2009 is dismissed.

Order pronounced in the open court on 2nd. November, 2017. (G.S. PANNU) JUDICIAL MEMBER म ुंबई Mumbai; दिन ुंक Dated: 02/11/2017

Alindra, PS

आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file.

3 Assessment Year: 2008-09

आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //// उि/सहायक िंजीकार (Dy./Asstt.

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