CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD.,GURGAON V. DCIT, NEW DELHI

MA 86/DEL/2021

AI Insights

The case involves Consulting Engineering Services (India) Pvt. Ltd., the appellant, seeking to recall an order dated 21.10.2020 from the Income Tax Appellate Tribunal, which was initially passed in their appeal for the assessment year 2010-11. The Tribunal's earlier order had partially allowed the appeal for statistical purposes. However, subsequent to this, the Delhi High Court quashed the proceedings initiated by the Assessing Officer against the appellant. In light of this development, the appellant filed a Miscellaneous Application to withdraw their earlier appeal, which was uncontested by the Department's representative.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 793565 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 05-05-2021
• Other Referred Cases: Consulting Engineering Services (India) Pvt. Ltd. vs. Assessment Unit, Income Tax Department, National Faceless Assessment Centre & anr.
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESTA
• Assessee Lawyers: SOUMYA SINGH
• Keywords: Set aside

Judgement Text

" 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “Friday-I”, NEW DELHI BEFORE SHRI S, RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI SUDHIR KUMAR, JUDICIAL MEMBER MA NO. 86/DEL/2021 (IN ITA NO. 1245/DEL/2015) A.YR. 2010-11 CONSULTING ENGINEERING VS. DCIT, CIRCLE 4(1), SERVICES (INDIA) PVT. LTD., NEW DELHI 2ND FLOOR, PLATINUM TOWER, 184, UDYOG VIHAR, PHASE-I, GURGAON-122016 HARYANA (PAN: AACCB2736K) (Appellant) (Respondent) Assessee by : Ms. Soumya Singh, Adv. Department by : Sh. Rajesh Kumar Dhanesta, Sr. DR Date of Hearing : 26.09.2025 Date of pronouncement : 26.09.2025 ORDER PER SUDHIR KUMAR, JM By way of this Miscellaneous Application assessee seeks recall of the Order dated 21.10.2020 of this Tribunal passed in Assessee’s Appeal No. 1245/Del/2015 (AY 2010-11). Printed from counselvise.com 2 2. At the outset, Ld. Counsel for the Assessee has filed the Application dated 26.9.2025 for withdrawal of the instant Misc. Application No. 86/Del/2021 (AY 2010-11) wherein, it has been stated as under:- “The captioned MA was filed in order dated 21.10.2010 passed in ITA No. 1245/Del/2015 by the Hon’ble ‘I’ Bench whereby the appeal was partially allowed for statistical purposes. After the set aside, the proceedings initiated by the Assessing Officer have been quashed by the Hon’ble Delhi High Court vide order dated 11.3.2025 passed in Consulting Engineering Services (India) Pvt. Ltd. vs. Assessment Unit, Income Tax Department, National Faceless Assessment Centre & anr. Bearing WP(C) No. 3876/2025. In view of this fact, the above noted MA has become infructuous. In view of the above noted fact and as per the instructions, kindly allow us to withdraw the captioned MA as the same has now become infructuous with the liberty to revive the same, if so required.” 2.1 Ld. DR did not have any objection on the aforesaid request of the Assessee’s AR. Printed from counselvise.com 3 3. We have heard both the parties and perused the records. In view of the aforesaid request made by the ld. Counsel for the assessee, we permit to withdraw the instant misc. application and accordingly dismissed the same as withdrawn. 4. In the result, the Misc. Application filed by the Assessee is dismissed. Order pronounced in the Open Court on 26.09.2025. Sd/- Sd/- [S. RIFAUR RAHMAN] [SUDHIR KUMAR] ACCOUNTANT MEMBER JUDICIAL MEMBER Date: 29.09.2025 SR BHATNAGGAR Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT DELHI Printed from counselvise.com "