Appeal details
Counselvise Citation
[2018] 125 COUNSELVISE.COM (IT) 0692 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 6 month(s) 21 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
17-09-2018
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
I
Assessment Year
2011-2012
Appeal Filed On
26-02-2016
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO.1014/DEL/2016 ASSESSMENT YEAR 2011-12 ACCRETIVE HEALTH SERVICES PRIVATE LIMITED, 17, NETAJI SUBHASH MARG, DARYA GANJ, NEW DELHI. V. DCIT, CIRCLE-1(2), NEW DELHI. TAN/PAN: AAHCA 5178K (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI KAMAL SAHANI, ADV. RESPONDENT BY: SHRI ANCHAL KHANDELWAL, DATE OF HEARING: 17 09 2018 DATE OF PRONOUNCEMENT: 17 09 2018 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 15.01.2015 PASSED BY LD. A DDITIONAL COMMISSIONER OF INCOME TAX, TRANSFER PRICING OFFICE R-1(1), NEW DELHI FOR THE ASSESSMENT YEAR 2011-12. 2. DURING THE COURSE OF HEARING, AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED HE HAS THE INSTRUCTION T O WITHDRAW THIS APPEAL AND FURNISHED A COPY OF REQUEST LETTER DATED 17.09.2018 WHICH IS PLACED ON RECORD. 3. IN HIS RIVAL SUBMISSIONS, LEARNED DEPARTMENT REPRESENTATIVE DID NOT OBJECT IF THE APPEAL OF THE ASSESSEE IS I.T.A. NO.3304/DEL/2016 2 DISMISSED AS WITHDRAWN. 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PA RTIES AND THE MATERIAL AVAILABLE ON RECORD, IT IS NOTICED THA T THE ASSESSEE- COMPANY FURNISHED A LETTER DATED 17.09.2018 STATING THEREIN AS UNDER: THIS IS TO INFORM THAT THE ASSESSEE HAD FILED A RE CTIFICATION APPLICATION DATED 11.01.2016 UNDER SECTION 154 OF THE INCOME TA X ACT, 1961 (HEREINAFTER REFERRED TO AS IT ACT) BEFORE THE LD . TPO SUBMITTING THAT THE ERROR HAS CREPT IN INADVERTENTLY WHILE GIVING EFFEC T TO DRP ORDER. IT WAS POINTED OUT THAT THE OP/OC MARGIN IS 16.22% AND IT IS ENTITLED FOR BENEFIT OF +/- 5% AS PER THE PROVISO U/S 92C(2) OF THE IT ACT. IT IS SUBMITTED THAT THE LD. TPO HAS PASSED THE ORDER UNDER SECTION 154 OF T HE IT ACT AND DELETED THE TP ADDITION. THE SAID ORDER DATED 21.06.2016 IS ANNEXED HEREWITH AND MARKED AS ANNEXURE 2. THAT, SINCE THE PRESENT APPEAL WAS FILED BEFORE THE LD. TRIBUNAL AGAINST THE SAID TP ADDITION AND SINCE THE SAID ADDITION HAS BE EN DELETED BY THE LD. TPO ITSELF IN THE SAID ORDER DATED 21.06.2016, THE PRESENT APPEAL HAS BECOME INFRUCTUOUS AND HENCE, WE REQUEST YOU TO ALL OW US TO WITHDRAW THE SAME. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL OF T HE ASSESSEE AS WITHDRAWN. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2018. SD/- SD/- [L.P. SAHU] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 17 TH SEPTEMBER, 2018 PKK:
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