Paramount Communications Ltd, New Delhi V. DCIT, New Delhi

ITA 1842/DEL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3824 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 31-05-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 22-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI K.D. RANJAN, ACCOUNTANT MEMBER I.T.A NO. 1842/DEL/10 ASSTT. YEAR 2005-06 PARAMOUNT COMMUNICATIONS LTD., C-125, NARAINA INDUSTRIAL AREA, PHASE-1, NEW DELHI AAACP0969Q VS. DCIT, CIRCLE 14 (1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI ARTA TRANA PANDA, ADVOCATE RESPONDENT BY: SHRI SUDESH GARG, CIT (DR) ORDER PER RAJPAL YADAV, JM: THE PRESENT APPEAL IS DIRECTED AT THE INSTANCE OF ASSESSEE AGAINST THE ORDER OF LD. COMMISSIONER, DATED 29 TH MARCH, 2010 PASSED U/S 263 OF THE INCOME TAX ACT, IN ASSTT. YEAR 2005-06. THE LD. COUNSEL FOR THE ASSESSEE HAS FILED AN APPLICATION, WHEREIN HE PLEAD ED THAT THIS APPEAL HAS BECOME INFRUCTUOUS BECAUSE AO HAS PASSED THE FR ESH ASSTT. ORDER ON 28.12.2010 IN PURSUANCE OF LD. CITS ORDER PASSE D U/S 263. IN THIS ASSTT. ORDER, HE DETERMINED THE TOTAL INCOME AT ` 77,27,120/-. THE SAME ITA NO. 1842/DEL/10 ASSTT. YEAR 2005-06 2 FIGURE WAS DETERMINED BY THE LD. AO IN THE ORDER D ATED 29.3.2010 ON WHICH COMMISSIONER TOOK COGNIGENCE U/S 263 OF THE I NCOME TAX ACT. HE PLACED ON RECORD COPY OF THE FRESH ASSTT. ORDER. HE PREYED THAT THE APPEAL BE DISMISSED AS INFRUCTUOUS. LD. DR HAS NO O BJECTION IF THE APPEAL OF ASSESSEE IS BEING DISMISSED. ON DUE CONSI DERATION OF THE FACTS AND CIRCUMSTANCES AND THE PRAYER MADE BY THE ASSESSEE, WE DO NOT HAVE ANY OBJECTION IN DISMISSING THE APPEAL OF ASSESSEE, BECAUSE IT IS THE APPEAL OF ASSESSEE AND IT IS ITS DISCRETION WHETHER TO PURSUE IT OR NOT. THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEA L. ACCORDINGLY, IT IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 31.5.2011. SD/- SD/- [K.D. RANJAN] [RAJPAL YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31.5.2011 VEENA COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT