AQUILA HEIGHTS APARTMENT OWNERS ASSOCIATION ,BANGALORE V. DC/ACIT, CIRCLE-6(1)(1), BANGALORE

ITA 2026/BANG/2025

AI Insights

The case involved the Aquila Heights Apartment Owners Association appealing against an order from the ld. Addl/JCIT(A), Agra, concerning the assessment year 2016-17. The primary contention in the appeal was related to an addition of Rs.3,02,54,446 made in the intimation issued under section 143(1) of the Income Tax Act, 1961. However, prior to the hearing, the assessee received a rectification order under section 154 read with section 115WE of the Act, which deleted the aforementioned addition. Consequently, the assessee filed an application to withdraw the appeal, which was unopposed by the respondent.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 826310 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 16-09-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BALUSAMY N.
• Keywords: Rectification of order
• Section: 154

Judgement Text

"ITA No.2026/Bang/2025 Aquila Heights Apartment, Bengaluru IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.2026/Bang/2025 Assessment Year: 2016-17 Aquila Heights Apartment Owners Association Jalahalli West Opp HMT SC Peenya Plantation ‘B’ Bengaluru 560 013 PAN NO :AADAA9048A Vs. DC/ACIT Circle 6(1)(1) Bengaluru APPELLANT RESPONDENT Appellant by : N O N E Respondent by : Shri Balusamy N., D.R. Date of Hearing : 05.01.2026 Date of Pronouncement : 05.01.2026 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: This appeal at the instance of the assessee is directed against the order of ld. Addl/JCIT(A), Agra dated 13.8.2025 vide DIN & Order No. ITBA/APL/S/250/2025-26/1079570750(1) for the assessment year 2016-17. 2. The assessee has raised the following grounds of appeal: Printed from counselvise.com ITA No.2026/Bang/2025 Aquila Heights Apartment, Bengaluru Page 2 of 4 3. None appeared at the behest of the assessee. We noticed that the assessee has filed an application for withdrawal of the appeal vide letter dated 10.12.2025 filed on 12.12.2025 as detailed below: Printed from counselvise.com ITA No.2026/Bang/2025 Aquila Heights Apartment, Bengaluru Page 3 of 4 Printed from counselvise.com ITA No.2026/Bang/2025 Aquila Heights Apartment, Bengaluru Page 4 of 4 4. On going through the above application, we take a note of the fact that the assessee had already received a rectification order u/s 154 r.w.s. 115WE of the Income Tax Act, 1961 (in short “the Act””) on 26.9.2025, wherein the addition of Rs.3,02,54,446/- made in the intimation issued u/s 143(1) of the Act has already been deleted and accordingly, the assessee has requested for withdrawal of this appeal being infructuous. 5. The ld. D.R. on the other hand has no objection whatsoever in allowing the withdrawal of the appeal. 6. Therefore, at the written request of the ld. A.R. of the assessee, we permit the assessee to withdraw the appeal and accordingly, the appeal is dismissed as withdrawn. 7. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 5th Jan, 2026 Sd/- (Waseem Ahmed) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 5th Jan, 2026. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. Printed from counselvise.com "