Virender Singh, New Delhi V. ACIT, Circle- 4(1), Gurgaon

ITA 1324/DEL/2020

AI Insights

The case involved an appeal by Sh. Virender Singh against the order of the Commissioner of Income-tax, Gurgaon, which was passed under section 263 of the Income-tax Act, 1961. The original assessment order for the year 2010-11 was challenged on grounds that it was erroneous and prejudicial to the interest of the revenue because penalty proceedings were not initiated by the Assessing Officer (AO). The Commissioner set aside the assessment order and directed the AO to initiate penalty proceedings. However, during the tribunal hearing, the assessee decided not to pursue the appeal and requested its withdrawal, which was granted.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108504 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-04-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissedDismissed
• Bench Allotted: G
• Next Hearing Date: 02-04-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 29-06-2020
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Principle of natural justice
• Section: 263

Judgement Text

1 ITA No. 1324/Del/2020 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No. _1324/DEL/2020 [Assessment Year: 2010-11 Sh. Virender Singh, Yadav Niwas House No. 567/18, Shivaji Nagar, Gurgaon-122001 PAN- AIFPS0761B Vs ACIT, Circle-4(1), Gurgaon. APPELLANT RESPONDENT Assessee represented by Sh. Deepesh Garg, Adv. Department represented by Ms. Sapna Bhatia, CIT-DR Date of hearing 03.04.2023 Date of pronouncement 03.04.2023 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax, Gurgaon, dated 16.03.2020 passed u/s 263 of the Income-tax Act, 1961, pertaining to the assessment year 2010-11. The assessee has raised following grounds of appeal: 2 ITA No. 1324/Del/2020 “1. That having regard to facts & circumstances of the case, Ld. CIT has erred in law and on facts in assuming jurisdiction u/s 263 of Income Tax Act, 1961 and has erred in holding the assessment order passed u/s 147/143(3) dated 14-11-2017 as erroneous and prejudicial to the interest of revenue on the ground that penalty proceedings were not initiated by AO while passing the above said assessment order. 2. That having regard to facts & circumstances of the case, Ld. CIT has erred in law and on facts in setting aside the assessment order dated 14-11- 2017 passed by Ld. AO u/s 147/143(3) and restored to the AO for making fresh assessment with direction to initiate penalty proceedings u/s 271(l)(c) and that too by recording incorrect facts and findings and without observing the principles of natural justice. 3. That in any case and in any view of the matter, action Ld. CIT in passing the impugned order u/s 263 which is bad in law and against the facts and circumstances of the case and is in violation of principles of natural justice and without appreciating/considering the submissions of assessee. 4. That the appellant craves the leave to add, amend, modify, delete any of the grounds of appeal before or at the time of hearing and all the above grounds are without prejudice to each other.” 2. At the out set learned counsel for the assessee, under the instruction of the assessee, stated that the assessee does not wish to pursue the instant appeal and accordingly prayed that the assessee may be permitted to withdraw the appeal. 3. Learned D.R. raised no objection to the request made on behalf of the assessee for withdrawal of the appeal. 4. In view of the statement made at Bar by the learned counsel for the assessee, under the instruction of the assessee, as also there being no objection from the learned DR, the assessee is permitted withdraw the instant appeal. 3 ITA No. 1324/Del/2020 5. Appeal of the assessee stands dismissed as withdrawn. Order pronounced in open court during the course of hearing on 03.04.2023. Sd/- Sd/- ( M. BALAGANESH ) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI