CITRA PROPERTIES LIMITED, Delhi V. CIT(A), Mumbai

ITA 2368/MUM/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8406 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 15-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI PRASHANT MAHARISHI, AM आयकरअपीलसं./ I.T.A. No. 2368/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2016-17) M/s Citra Properties Ltd. M-62 & 63, 1 st floor, Cannaught Place, New Delhi बनाम/ Vs. CIT-54, 1 st floor, Earnest House, Nariman Point, Mumbai-400 021 स्थधयीलेखधसं./जीआइआरसं./PAN No. AADCC0776B (अपीलधथी/Appellant) : (प्रत्यथी / Respondent) अपीलधथीकीओरसे/ Appellant by : Shri K. Gopal, Ld. AR प्रत्यथीकीओरसे/Respondent by : Shri Nimesh Yadav, Ld. DR सुनवधईकीतधरीख/ Date of Hearing : 11.08.2022 घोर्णधकीतधरीख / Date of Pronouncement : 11.08.2022 आदेश / O R D E R Per Amit Shukla, Judicial Member: The aforesaid appeal has been filed by the assessee against the impugned order dated 26.03.2021, passed by Ld. CIT(A)-54, Mumbai for the quantum of assessment passed u/s 143(3) for AY 2016-17. 2 I.T.A. No. 2368/Mum/2021 M/s Citra Properties Ltd. 2. At the outset, it is brought to our notice that assessee has filed an application dated 08.08.2022 for withdrawal of appeal, which are as under:- Sub: Application for Withdrawal of appeal. This application is to seek your honors' permission to withdraw the abovementioned appeal which is fixed for hearing on 11.08.2022. The only issue agitated in this appeal filed by the assessee is the denial of credit of TDS deducted by the deductor i.e., Indiabulls Housing Finance Ltd. on a transaction which was cancelled and no income was offered to tax. Now, the deductor will initiate independent proceedings to claim the refund of Rs. 1,15,00,000/-. Thus, the appellant wants to withdraw the appeal filed by it. In view of the same, we request your honors to kindly grant us the permission to withdraw the abovementioned appeal and oblige. 3. Ld. DR did not have any objection to the said request of withdrawal. 4. Considering the contents of the letter as mentioned above, we allow the request of the assessee for withdrawing the present appeal. 3 I.T.A. No. 2368/Mum/2021 M/s Citra Properties Ltd. 5. In the net result, the appeal filed by the assessee stands dismissed as withdrawn. Orders pronounced in the open court on 11 th August, 2022. Sd/- Sd/- (Prashant Maharishi) (Amit Shukla) Accountant Member Judicial Member मुंबई Mumbai;नदनधंक Dated : 11/08/2022 Sr.PS. Dhananjay आदेशकीप्रतितितिअग्रेतिि/Copy of the Order forwarded to : 1. अपीलधथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. नवभधगीयप्रनतनननध, आयकरअपीलीयअनधकरण, मुंबई/ DR, ITAT, Mumbai 6. गधर्ाफधईल / Guard File आदेशानुसार/ BY ORDER, .उि/सहायकिंजीकार (Dy./Asstt.Registrar) आयकरअिीिीयअतिकरण, मुंबई/ ITAT, Mumbai