COSMO FIRST LIMITED,NEW DELHI V. INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI

ITA 5846/DEL/2024

AI Insights

The case involves an appeal by Cosmo First Limited against an order from the National Faceless Appeal Centre, New Delhi, concerning the Assessment Year 2021-22. The appeal was initially found to be defective due to an incorrect mention of the respondent. The assessee rectified this by filing a new appeal. During the proceedings, the assessee submitted a request to withdraw the defective appeal, which was not objected to by the Departmental Representative. Consequently, the tribunal dismissed the appeal as withdrawn.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 771967 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Assessment Year: 2021-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHARM VEER SINGH
• Assessee Lawyers: RAKESH GUPTA

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’: NEW DELHI [ BEFORE SHRI SUDHIR PAREEK, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5846/Del/2024 (ASSESSMENT YEAR 2021-22) Cosmo First Limited, (“formerly known as Cosmo Films Limited”) 1st Floor, Uppal s Plaza, M-6, Jasola District Centre Delhi-110025. PAN-AAACC1152C Vs. Income Tax Officer, NFAC, New Delhi. (Appellant) (Respondent) Assessee by Dr. Rakesh Gupta, Adv., Shri Amit Arora, AR and Shri Sanjoli Mahewari, AR Department by Shri Dharm Veer Singh, CIT-DR Date of Hearing 28/08/2025 Date of Pronouncement 28/08/2025 O R D E R [ PER MANISH AGARWAL, AM: This appeal is filed by the assessee against the order of National Faceless Appeal Centre, New Delhi dated 29.10.2024 for Assessment Year 2021-22. 2. At the time of hearing, the Ld. Counsel for the assessee submits a letter dated 28.08.2025 and expresses the desire to Printed from counselvise.com 2 ITA No.5846/Del/2024 Cosmo First Ltd. vs. DCIT withdraw this appeal. The relevant portion of the said letter are as under: “In regard to the aforesaid appeal filed, it is respectfully submitted the Respondent was mentioned as ‘Income Tax Officer, National Faceless Assessment Centre, New Delhi’ as against the Assessment Order passed by the Assessment Unit, Income Tax Department. However, the said appeal was found to be defective considering incorrect mention of the ‘Respondent’. Acknowledging the aforementioned defect, the Appellant took immediate steps to rectify the same to ensure proper adjudication of the matter. While attempting to correct the defect through the ITAT e-filing portal, the Appellant inadvertently filed a fresh appeal for the same Assessment Year 2021-22 on 20 December 2024, vide Acknowledgement No. 1800005207, bearing Appeal No. ITA 5914/DEL/2024. A copy of the acknowledgement for this appeal is enclosed as Annexure 2. In light of the above, the Appellant respectfully seeks the kind leave of the Hon'ble ITAT to permit the withdrawal of the defective appeal bearing Appeal No. ITA 5846/DEL/2024. This withdrawal is being sought without prejudice to the rights of the Appellant in respect of the fresh appeal filed bearing Appeal No. ITA 5914/DEL/2024 on the same issue. We would be grateful for Your Honors kind consideration of our request.” We shall be pleased to provide any further information/clarification to that Hon'ble ITAT may further require in this regard.” 3. The Ld. CIT-DR expressed no objection against withdrawal of the appeal by the assessee. 4. In view of the foregoing; the present appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 28.08.2025. Sd/- Sd/- (SUDHIR PAREEK) (MANISH AGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:28.08.2025 PK/Sr. Ps Printed from counselvise.com 3 ITA No.5846/Del/2024 Cosmo First Ltd. vs. DCIT Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "