Aktivortho Private Limited, New Delhi V. ADIT CPC, Bangalore

ITA 1857/DEL/2020

AI Insights

Aktivortho Private Limited filed two appeals against the orders passed by the Assistant Director of Income Tax, CPC, Bangaluru, for the Assessment Years 2018-19 and 2019-20. These appeals were related to the orders under section 143(1) of the Income Tax Act, 1961. However, prior to the hearing, the company submitted a letter to withdraw the appeals, citing a change in shareholding that occurred in the Assessment Year 2021-22, which rendered them unable to carry forward and set off the losses from the earlier assessment years. The Senior Departmental Representative for the Revenue did not object to the withdrawal of the appeals.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130686 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-07-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 11-11-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(1)

Judgement Text

Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE, SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1857/Del/2020 (ASSESSMENT YEAR 2018-19) ITA No.1858/Del/2020 (ASSESSMENT YEAR 2019-20) Aktivortho Private Limited E-83, Paschimi Marg Vasant Vihar New Delhi-110 057 PAN-AACCI 7586G Vs. Assistant Director of Income Tax, CPC Bangaluru-560 500 (Appellant) (Respondent) Appellant by None (Withdrawal Application) Respondent by Mr. Kanv Bali, Sr. DR Date of Hearing 26/07/2023 Date of Pronouncement 26/07/2023 ORDER PER M. BALAGANESH AM: Both appeals of the Assessee arises out of the separate orders of the Learned Commissioner of Income Tax (Appeals)-I, New Delhi, [hereinafter referred to as ‘Ld. CIT(A)’] in Appeal No.10784/19-20 dated 24/08/2020 and Appeal No.10020/20-21 dated 31/08/2020 ITA Nos.1857 & 1858/Del/2020 Aktivortho Private Limited vs. ADIT, CPC Page 2 of 4 against the order passed by Assistant Director of Income Tax, CPC, Bangluru, (hereinafter referred to as the ‘Ld. AO’) u/s 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 17/02/2020 and 08/05/2020 for the Assessment Years 2018-19 and 2019-20 respectively. 2. None was present on behalf of the assessee but the assessee has filed a letter dated 24/07/2023 seeking to withdraw the appeal filed before us. For the sake of convenience, the letter dated 24/07/2023 is reproduced herein under: To Dated: 24/07/2023 The Hon’ ble Members, Bench A Income Tax Appellate Tribunal Lok Nayak Bhawan, Khan Market New Delhi- 110 003 In Re.: Ms Aktivortho Private Limited (‘the Appellant’ or ‘the Company') Assessment Year (AY) 2019-20 & 2018-19 PAN: AACC17588G Subject: ITA 1857/DEL/2020 & ITA 1858/DEL/2020 Respected Sir The captioned appeal has been filed by the Appellant before the Hon’ ble Des Bench of the Income Tax Appellate Tribunal. In this regard, it is respectfully submitted that the shareholding of the Company has changed du AY 2021-22. Consequently the Company cannot carry forward and set off the losses pertaining 2019-20 and 2018-19 Therefore, the appellant has decided to withdraw the captioned appeal p before this Hon’ ble Bench. ITA Nos.1857 & 1858/Del/2020 Aktivortho Private Limited vs. ADIT, CPC Page 3 of 4 Under these circumstances the Appellant crave leave to withdraw the captioned appeal. We regret the inconvenience caused to you in this regard. Yours Sincerely, For and on behalf of M/s Aktivortho Private Limited Aktivortho Private Limited. Sd/- Authorized Signature. 3. The Ld. Sr. DR for Revenue expressed no objection against withdrawal of the appeals by the assessee. 4. In view of the above, the appeals of the assessee are hereby dismissed as withdrawn. 5. In the result, both the appeals filed by the Assessee are dismissed as withdrawn. Order pronounced in the open court on 26 th July, 2023. Sd/- Sd/- (ANUBHAV SHARMA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 26/07/2023 Pk/sps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA Nos.1857 & 1858/Del/2020 Aktivortho Private Limited vs. ADIT, CPC Page 4 of 4