MAGUS ESTATES & HOTELS P. LTD,MUMBAI vs. CIT 5,

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ITA 5485/MUM/2013Status: DisposedITAT Mumbai17 August 2016AY 2009-102 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 Tribunal allowed the withdrawal of the appeal as the original order under Section 263 had been quashed. Consequently, the appeal became infructuous.

What were the facts?

The assessee filed an appeal against the CIT's order reopening the assessment under Section 263. The assessee argued that all necessary details were provided during the original assessment.

What were the issues?

Whether the reopening of assessment under Section 263 was justified. The appeal was withdrawn due to the quashing of the original order.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI R. C. SHARMA & SHRI SANDEEP GOSAIN

For Appellant: Shri Hardir Mehta, Shri N. P. Singh
For Respondent: Shri N. P. Singh

सुनवाई की तायीख / : 14.7.2016 Date of Hearing घोषणा की तायीख / : 17.8.2016 Date of Pronouncement आदेश / O R D E R Per R. C. Sharma, A. M.: This is an appeal filed by the assessee against the order by the ld. CIT(A)-5, Mumbai dated 17.6.2013 for the assessment year (A.Y.) 2009-10, wherein following ground has been taken by the assessee :- ‘1. The honourable Commissioner of Income Tax (CIT) is not justified in reopening the assessment u/s. 263 of the Income Tax Act, 1961 on the ground that the appellant had furnished details during the course of assessment ignoring the fact that the a. Appellant had submitted all the details called for in the course of the assessment.

(A.Y. 2009-10) Magus Estates & Hotels Ltd. vs. CIT b. The assessing officer passed the order u/s. 143(3) after applying his mind and had called for all necessary details necessary and also scrutinized all the details submitted in the course of assessment.

2.

At the outset the ld. AR drawn our attention to the letter dated 21.12.2015, wherein it was requested that since the original order u/s. 263 against which this appeal was preferred by the assessee stands quashed, the appeal become infructous. It was, therefore, requested to permit for withdrawal of the appeal. The ld. DR has no objection. Accordingly, we allow withdrawal of appeal.

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