Prosperous Buildcon Private Limited, New Delhi V. ITO WARD - 20(2), New Delhi

ITA 1918/DEL/2020

AI Insights

The case involves Prosperous Building Private Ltd., which appealed against the order of the Learned Commissioner of Income Tax (Appeals), Delhi-36, for the Assessment Year 2007-08. Initially, the Assessing Officer made certain additions to the assessee's income, which were contested and partly allowed by the CIT(A). The assessee then appealed to the ITAT challenging the CIT(A)'s order. However, after the Assessing Officer, following the CIT(A)'s directions, deleted the additions, the assessee sought to withdraw the appeal, deeming it infructuous. Both parties agreed to the withdrawal during the hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130603 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 20-03-2023
• Assessment Year: 2007-2008
• Appeal Filed On: 03-12-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE, SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.1918/Del/2020 (ASSESSMENT YEAR 2007-08) Prosperous Building Private Ltd. 306-308, 3 rd Floor Square One, C-2 District Centre Saket, New Delhi-110 017 PAN-AADCP 4389H Vs. Income Tax Officer Ward-20(2), New Delhi (Appellant) (Respondent) Appellant by Mr. Salil Kapoor and Mr. Shivam Yadav, Advocates Respondent by Mr. T. Kipgen, Commissioner of Income Tax, Departmental Representative (“CIT- DR” for short) ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals), Delhi-36 [“Ld. CIT(A)”, for short], dated 25/02/2020 for Assessment Year 2007-08. ITA No.1918 /Del/2020 Prosperous Buildcon Pvt. Ltd. vs. ITO Page 2 of 3 (B) Vide letter dated 21/03/2023, the assessee has sought to withdraw this appeal. Relevant portion of the aforesaid letter dated 21/03/2023 is reproduced as under: “1) It is humbly submitted that assessment in the case of Assessee for the year under consideration, i.e., AY 2007-08 was completed vide order under Section 143(3)/147 of the Income Tax Act, 1961 (‘Act’) dated 27.03.2015 at income of Rs.12,49,96,040/- as against the returned income of Rs.14,65,842/- as certain additions were made by the Assessing officer (‘Ld. AO’). 2) Being aggrieved by the order of AO, the Assessee preferred appeal before Ld. Commissioner of Income Tax (Appeals) (‘CIT(A)’) vide Appeal No. CIT(A), Delhi-36/10187/2016 and subsequently, Ld. CIT(A) passed the order and partly allowed the appeal of the Assessee with certain directions to Ld. AO. In light of above, Assessee preferred an appeal before the Hon’ble ITAT challenging the said order of the Ld. CIT(A) on various legal issues. 3) In the meantime, the Ld. AO as per the directions of Ld. CIT(A), after considering the submissions and evidences filed by the Assessee has deleted the said additions on the merits and passed an assessment order dated 26.03.2021 in the favour of the Assessee. 4) In view of above, it is humbly submitted that the said appeal before the Hon’ble ITAT in the captioned matter is infructuous since the additions are already deleted by the Ld. AO. Therefore, it is humbly prayed that the Assessee wished to withdraw the appeal vide ITA 1918/Del/2020.” (C) At the time of hearing before us, the Ld. Counsel for the assessee drew our attention to the aforesaid letter dated 21/03/2023 and submitted that the assessee wished to withdraw ITA No.1918 /Del/2020 Prosperous Buildcon Pvt. Ltd. vs. ITO Page 3 of 3 this appeal. The Ld. CIT-DR for Revenue expressed no objection to withdrawal of the appeal by the assessee. (C.1) In view of the foregoing, in the specific facts and circumstances of the present appeal before us, this appeal filed by the assessee is dismissed as withdrawn. (D) In the result, this appeal filed by the Assessee is dismissed as withdrawn. This order was pronounced in Open Court on 21/03/23 in the presence of representatives of both sides, after conclusion of the hearing and is signed today on 21/03/23. Sd/- Sd/- (CHALLA NAGENDRA PRASAD) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 21/03/23 Pk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI