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[Cites 1, Cited by 38]

Income Tax Appellate Tribunal - Mumbai

International Cargo Terminals & Rail ... vs Dcit-1(1), Mumbai on 18 March, 2021

     IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI

            BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND
             SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER

                         ITA Nos. 7439 & 7440/Mum/2017
                      (Assessment Years: 2009-10 & 2010-11)

International Cargo Terminals & Rail                   Asst. CIT-1(1)
Infrastructure Pvt. Ltd.                               Room No. 533, 5th Floor,
(Formerly known as Boxtrans Logistics                  Aaykar Bhavan, M. K. Road,
(India) Services Pvt. Ltd.                             Mumbai-400 020
                                               Vs.
Unit No. 801, Godrej Coliseum,
C-Wing, Off Somaiya Hospital Road,
Sion, Mumbai-400 022

PAN/GIR No. AACCB8054G
         (Appellant)                            :                  (Respondent)

                           Appellant by         :     Shri Urnish Chokshi
                          Respondent by         :     Ms. Shreekala Pardeshi

                    Date of Hearing             :     18.03.2021
            Date of Pronouncement               :     18.03.2021

                                          ORDER

Per Mahavir Singh, VP:

These appeals by the assessee are arising out of the order of the Commissioner of Income Tax (Appeals)-6, Mumbai ('CIT(A)' for short) in appeal no. CIT(A)-6/IT- 61/116/2016-17 vide order dated 03.10.2017. The assessment was framed by the ACIT, Circle-1(1), Mumbai u/s. 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the assessment years (A.Y.) 2009-10 and 2010-11.

2. At the outset, the ld. Counsel of the assessee stated that the assessee has filed letter dated 03.03.2021, wherein both the appeals the assessee want to withdraw. The relevant text of the identical letter reads as under:

2

I T A N o s . 7 4 3 9 & 7 4 4 0 / Mu m / 2 0 1 7 (A s s e s s m e n t Y e a r s : 2 0 0 9 - 1 0 & 2 0 1 0 - 1 1 ) International Cargo Terminals & Rail Infrastructure Pvt. Ltd. vs. Asst. CIT Out above appeal is fixed for hearing on 18.03.2021 before 'C' Bench. This appeal was filed to contest the disallowance on account of forex loss for A.Y. 2009-10. Since the matter is very old and in order to buy peace of mind and avoid protracted litigations, we have decided to withdraw the appeal. There would be no tax demand or liability due to the withdrawal of the appeal on account of assessed losses.
We request your honour to allow us to withdraw above appeal.

3. Similar is the letter for the A.Y. 2010-11 in ITA No. 7440/Mum/2017.

4. Since the assessee want to withdraw these appeals, the ld. Sr. DR was asked for his response. The ld. Sr. DR has not objected to withdraw of these appeals. Hence, we permit the withdrawal and dismiss the appeals as withdrawn.

5. In the result, the assessee's appeals are dismissed as withdrawn.

Order pronounced in the open court on 18.03.2021.

                     Sd/-                                                        Sd/-
           (S. Rifaur Rahman)                                              (Mahavir Singh)
          Accountant Member                                                 Vice President
Mumbai; Dated : 18.03.2021
Roshani, Sr. PS

Copy of the Order forwarded to :
1. The Appellant
2. The Respondent
3. The CIT(A)
4. CIT - concerned
5. DR, ITAT, Mumbai
6. Guard File
                                                                       BY ORDER,



                                                                 (Dy./Asstt. Registrar)
                                                                   ITAT, Mumbai