ACIT-2(2)(1), MUMBAI V. M/S. LIC HOUSING FINANCE LTD., MUMBAI

ITA 1029/MUM/2023

AI Insights

The case involves the Income Tax Department (Revenue) appealing against the decision of the CIT(A) which allowed the withdrawal of an appeal by LIC Housing Finance Ltd. The original dispute centered on the disallowance of a leave encashment deduction amounting to \\u20b92,49,01,180 under section 43B(f) of the Income Tax Act, 1961. Initially, this deduction was disallowed in the assessment under section 143(1). However, upon scrutiny under section 143(3), the deduction was allowed, leading to no disallowance. The CIT(A) permitted the withdrawal of the appeal based on these developments, which the Revenue contested but ultimately did not pursue, leading to the dismissal of their appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123141 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-06-2023
• Assessment Year: 2020-2021
• Appeal Filed On: 30-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Right to appeal; Set aside
• Section: 143(3); 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 1029/MUM/2023 (A.Y: 2020-21) ACIT – 2(2)(1) Room No. 545, 5 th Floor Aayakar Bhavan, M.K. Road Mumbai - 400020 v. M/s. LIC Housing Finance Ltd., 2 nd Floor, Bombay Life Building 45/47 Veer Nariman Road Fort, Mumbai - 400001 PAN: AAACL1799C (Appellant) (Respondent) Assessee Represented by : Shri Sunil Bhandari Department Represented by : Shri Ujjawal Kumar Date of Conclusion of Hearing : 15.06.2023 Date of Pronouncement : 23.08.2023 O R D E R PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by revenue against order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter in short “Ld.CIT(A)”] dated 04.02.2023 for the A.Y. 2020-21. ITA NO. 1029/MUM/2023 (A.Y: 2020-21) M/s. LIC Housing Finance Ltd., Page No. | 2 2. Revenue has raised following grounds in its appeal: - “1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in not considering the adjustment made on account of disallowance of deduction of leave encashment w/s. 43B(f). made u/s. 143(1) of the Act by the CPC, Bangalore of Rs.2,49,01,180/- without considering the fact that the said adjustment was not made w/s. 143(3) of the Act without discussing the issue on merits?" "2. The Ld. CIT(A)'s order is contrary in law and on facts and deserves to be set aside. 3. "The appellant prays that the order of CIT(A) on the above grounds be set aside and that of the AO restored. The appellant craves leave to amend or alter any ground or add a new ground that may be necessary at the time of hearing." 3. Brief facts relating to the above grounds are, under 143(1) proceedings the Assessing Officer has disallowed the claim made by the assessee u/s. 43B(f) of the Act i.e., leave encashment amount of ₹.2,49,01,180/- . Aggrieved with the above order assessee preferred an appeal before the Ld.CIT(A). During pendency of this appeal, the case of the assessee is selected for scrutiny and in the 143(3) proceedings, the Assessing Officer had allowed the deductions u/s. 43B(f) of the Act – leave encashment, as a consequence there is no disallowance and therefore assessee intimated the above said development in the Appellate proceedings vide its submission dated 06.11.2022. 4. Based on the above submissions and facts on record Ld.CIT(A) permitted the assessee to withdraw the appeal by observing that once ITA NO. 1029/MUM/2023 (A.Y: 2020-21) M/s. LIC Housing Finance Ltd., Page No. | 3 right of appeal is exhausted, by party concerned, and the appeal is filed before appropriate appellate authority, who after receiving the same has registered it and accordingly, he allowed the assessee to withdraw the appeal. 5. Now before us, revenue is in appeal against the above said permission to withdrawal the appeal. 6. After considering the overall facts on record we do not see any reason that there is any grievance to the revenue. Since both the counsel are in agreement that there is no loss to the revenue in entertaining the withdrawal of the appeal by the Ld.CIT(A). Accordingly, ground filed by the Revenue become infructuous, hence, dismissed. 7. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open court on 23 rd August, 2023. Sd/- Sd/- (PAVAN K UMAR GADALE) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 23/08/2023 Giridhar, Sr.PS ITA NO. 1029/MUM/2023 (A.Y: 2020-21) M/s. LIC Housing Finance Ltd., Page No. | 4 Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum