FORTUM FINNSURYA ENERGY PRIVATE LIMITED,NEW DELHI V. ACIT CIRCLE 7(1), NEW DELHI

ITA 2792/DEL/2023

AI Insights

The case involves Fortum Finnsurya Energy Pvt. Ltd., the appellant, who filed an appeal against the Final Assessment Order for the Assessment Year 2017-18, issued by the Assessing Officer under section 143(3) of the Income-tax Act, 1961. The appeal was found to be duplicative as another appeal (ITA No. 596/Del/2022) had already been filed against the same order. To maintain judicial propriety and avoid parallel proceedings, the appellant requested the withdrawal of ITA No. 2792/Del/2023, which was granted by the Tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 781711 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2017-2018
• Appeal Filed On: 04-10-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHARM VEER SINGH
• Assessee Lawyers: VAIBHAV GARG
• Section: 143(3)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘I’: NEW DELHI) BEFORE SHRI S RIFAUR RAHMAN ACCOUNTANT MEMBER AND SHRI SUDHIR PAREEK, JUDICIAL MEMBER ITA No:- 2792/Del/2023 (Assessment Year- 2017-18) Fortum Finnsurya Energy Pvt. Ltd., 1A, Vandana Building, 11 Tolstoy Marg, New Delhi-110001. Vs. Additional / Joint/ Deputy/ Assistant Commissioner of Income Tax /Income Tax Officer National Faceless Assessment Centre, ACIT, Circle 7(1), Range Code-40. Delhi PAN No: AACCF2812J APPELLANT RESPONDENT Assessee by : Shri Vaibhav Garg, AR Revenue by : Shri Dharm Veer Singh, CIT(DR) Date of Hearing : 01.10.2025 Date of Pronouncement : 01.10.2025 ORDER PER SUDHIR PAREEK, JM: The aforetitled appeal has been preferred by the assessee against the Final Assessment Order dated 22.02.2022 passed by the Learned Assessing Officer u/s 143(3) of the Income-tax Act, 1961 Printed from counselvise.com ITA No.- 2792/Del/2023 Fortum Finnsurya Energy Pvt. Ltd. 2 (“the Act”), pursuant to the directions of the Dispute Resolution Panel Dated 17.01.2022 for the Assessment Year 2017-18. 2. At the time of hearing, the Ld. AR for the assessee submitted that the captioned appeal is duplicative, inasmuch as the two appeals i.e. ITA No. 2792/Del/2023 and ITA No. 596/Del/2022 are filed against the same assessment order dated 22 February 2022. It was further submitted that, in the interest of judicial propriety and to avoid parallel proceedings on the same subject matter, the assessee requested of withdrawal the present appeal and has filed a written request vide letter dated 01.10.2025 seeking its withdrawal. The relevant contents letter dated 01.10.2025 are reproduced as under: “ The Appellant had filed the captioned appeal dated 29 September 2023 against the order passed under section 143(3) read with section 1448 of the Income-tax Act, 1961 (the \"Act) dated 22 February 2022 (acknowledgement copy enclosed as Annexure 1 for ready reference). Further, additional grounds were filed on 1 February 2024. Also, an appeal was filed earlier before your Honours, on 7 April 2022 against the order passed under section 143(3) read with section 144C(3) and read with section 144B of the Act dated 28 May 2021 (acknowledgement copy enclosed as Annexure 2 for ready reference), for which ITA No.596/DEL/2022 has been assigned. However, subsequently, the Appellant had filed a revised Form 36 and grounds of appeal challenging the same order passed under section 143(3) read with section 144B of the Income-tax Act, 1961 (the \"Act\") dated 22 February 2022 (acknowledgement copy of Revised Form 36 and grounds of appeal enclosed as Annexure 3 for ready reference). Thus, both the appeals ie. ITA No. 2792/Del/2023 and ITA No. 596/Del/2022 are filed against the same aforesaid assessment order dated 22 February 2022. Printed from counselvise.com ITA No.- 2792/Del/2023 Fortum Finnsurya Energy Pvt. Ltd. 3 The Appellant hereby submits that the appeal bearing ITA No. 596/Del/2022 has been adjourned sine die and the captioned appeal i.e. ITA No. 2792/DEL/2023 is fixed for hearing before your Honours on 1 October 2025 and accordingly the Appellant wishes to withdraw the captioned appeal i.e. ITA No. 2792/Del/2023 in the interest of judicial propriety and to avoid parallel proceedings on the same subject matter In view of the above, we wish to submit that the captioned appeal bearing appeal reference number ITA No. 2792/DEL/2023 is duplicative and the same may be dismissed as withdrawn. We humbly request your Honour to kindly accept our request and oblige. We apologize for the inconvenience caused to your honors.” 3. In light of the written request for withdrawal by the assessee, and there being no objection from the Revenue, carefully perused the records, it is expedient to grant the assessee / appellant’s desired leave to withdraw the appeal, as it has become infructrous. Accordingly, the same is granted, and consequently, this appeal has been dismissed as withdrawn. Accordingly, ITA No. 2792/Del/2023 is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn, as indicated above. Order pronounced in open court on -01.10.2025 Sd/- Sd/- (S RIFAUR RAHMAN) (SUDHIR PAREEK) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 01.10.2025 Pooja/- Printed from counselvise.com ITA No.- 2792/Del/2023 Fortum Finnsurya Energy Pvt. Ltd. 4 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com ITA No.- 2792/Del/2023 Fortum Finnsurya Energy Pvt. Ltd. 5 Sr. No. Particulars Date 1 Date of dictation of Tribunal Order 01.10.25 2 Date on which the typed draft Tribunal Order is placed before the Dictation Member 01.10.25 3 Date on which the typed draft Tribunal Order is placed before the other Member 4 Date on which the approved draft Tribunal Order comes to the Sr. P.S. /P.S. 5 Date on which the fair Tribunal Order is placed before the Dictating Member for pronouncement 6 Date on which the signed order comes back to the Sr. P.S. /P.S 7 Date on which the final Tribunal Order is uploaded by the Sr. P.S. /P.S. on official website 8 Date on which the file goes to the Bench Clerk along with Tribunal Order 9 Date of killing off the disposed of files on the judiSIS portal of ITAT by the Bench Clerks 10 Date on which the file goes to the Supervisor (Judicial) 11 Date on which the file goes for Xerox 12 Date on which the file goes for endorsement 13 Date on which the file goes to the superintendent for checking 14 The date on which the file goes to the Assistant Registrar for signature on the tribunal order 15 Date on which the file goes to dispatch section 16 Date of Dispatch of the Order Printed from counselvise.com "