BETOKING LTD,CYPRUS V. ACIT, CIRCLE-1(1)(2) (INTERNATIONAL TAXATION), NEW DELHI

MA 241/DEL/2021

AI Insights

The case involves Betoking Ltd, a foreign company, which filed a miscellaneous application (MA No. 241/Del/2021) under Section 254(2) of the Income-tax Act, 1961, seeking to withdraw an earlier appeal (ITA No. 7717/Del/2019). The original appeal was allowed by the Tribunal, directing the Assessing Officer to verify details and provide relief, which was subsequently granted. Following this, the assessee decided to withdraw the miscellaneous application, as the relief sought had been achieved. The Tribunal, acknowledging the withdrawal request and the absence of any objection from the Departmental Representative, dismissed the application as withdrawn.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 34748 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-10-2024
• Assessment Year: 2016-2017
• Appeal Filed On: 30-12-2021
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH
• Assessee Lawyers: UTKARSH BANSAL
• Section: 143(3); 254(2); 20

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER MA No. 241/Del/2021 (In ITA No. 7717/Del/2019) (Assessment Year: 2016-17) Betoking Ltd, 4th Floor, 12-Esperidon Street Floor, 1087, Nocosia, Cyprus, Vs. ACIT, Circle-1(1)(2), International Taxation, New Delhi (Appellant) (Respondent) PAN:AAECB5964d Assessee by : Shri Utkarsh Bansal, AR Revenue by: Shri Om Prakash, Sr. DR Date of Hearing 04/10/2024 Date of pronouncement 04/10/2024 O R D E R PER M. BALAGANESH, A. M.: 1. This miscellaneous application is filed by the assessee in ITA No. 7717/Del/2019 dated 02.03.2021. 2. The present miscellaneous is filed by the assessee in MA No. 241/Del/2021 submits that assessee wants to withdraw the appeal and filed an application as under:- “BETOKING LIMITED Erechtheiou 11 Engomi 2413, Nicosia Cyprus Registration Number: HE 181416 To Hon‟ble „A‟ Bench The Income-tax Appellate Tribunal, Delhi Loknayak Bhavan, Khan Market, New Delhi - 110003 MA No. 241/Del/2021 Betoking Ltd Page | 2 26 June 2024 Dear Sir, Appellant : Betoking Limited („Betoking‟ or „the Company‟ or „the Appellant‟) Permanent Account Number („PAN‟) : AAECB5964D Assessment Year („AY‟) : 2016-17 Financial Year („FY‟) :2015-16 Appeal Number : MA 241/DEL/2021 Subject : Miscellaneous Application under Section 254(2) of the Income- tax Act, 1961 („the Act‟) filed on 7 January 2022 (dated 29 December 2021) arising out of ITA No. 7717/Del/2019 - Request for withdrawal of Miscellaneous Application ------------------------------------------------------------------------------------- With reference to the captioned matter, the Appellant hereby humbly submits that it had filed the captioned Miscellaneous Application under Section 254(2) of the Act on 7 January 2022 (dmted 29 December 2021) against the order issued by the Hon‟ble Income Tax Appellate Tribunal ('Hon'ble ITAT) on 02 March 2021. In this order, the Hon‟ble ITAT had allowed the Appellant‟s appeal and accordingly, had directed the Learned Assessing Officer ('Ld. AO) to verify the underlying details and provide consequent relief. Thereafter, the Ld. AO has passed the final assessment order dated 23 March 2024 u/s 143(3) read with Section 254 of the Act pursuant to the directions issued by the Hon‟ble Dispute Resolution Panel („DRP‟) vide order dated 20 December 2023 issued under Section 144C(5) of the Act, wherein the relief sought by the Appellant has been appropriately granted. In view of the above, and the relief granted to the Appellant by the Ld. AO, it is humbly submitted that the Appellant does not wish to pursue the balance grounds before your Honors and accordingly, withdraws the captioned miscellaneous application. We trust your Honors would accede to the prayers of the Appellant. MA No. 241/Del/2021 Betoking Ltd Page | 3 Yours faithfully. For Be to Icing Limited Signature David Savva - Director Status of assessee: Foreign Company Enel: As Above” 3. Since the assessment order has been passed afresh on the direction of Hon‟ble ITAT the ld AO granted relief accordingly as sought by the assessee, therefore, the assessee prayed for withdrawal of the present appeal. 4. The ld DR did not object to the submission of the Assessee. 5. Since the assessment order has been passed afresh on the direction of the coordinate bench, the present miscellaneous application become infructuous, therefore, the Assessee prayed for withdrawal of the same. Hence, the MA is dismissed as withdrawn. Order pronounced in the open court on 04/10/2022. -Sd/- -Sd/- (KUL BHARAT) (M BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 04/10/2024 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi "