Harsha Builtcom Pvt. Ltd., New Delhi V. ITO, Ward- 11(1), New Delhi

ITA 407/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4307 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 15-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DLEHI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.407/DEL/2018 ASSESSMENT YEAR:2013-14 HARSHA BUILTCOM PVT. LTD. VS. INCOME-TAX OFFICER, C/O O.P. SAPRA & ASSOCIATES, WARD 11(1), NEW DELH I NEW FRIENDS COLONY, NEW DELHI. PAN : AABCH6939H (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SANJIV SAPRA, CA RESPONDENT BY: MS. RAKHI VIMAL, SR. DR DATE OF HEARING: 08.02.2021 DATE OF ORDER : 08.02.2021 ORDER PER K. NARASIMHA CHARY, J.M. AGGRIEVED BY THE ORDER DATED 14.11.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) [CIT(A)], FOR ASSESSMENT YEAR 2013-14, M/S. HARSHA BUILTCOM PVT. LTD. (ASSESSEE ) FILED THIS APPEAL. 2. AT THE OUTSET, LD. AR SUBMITTED THAT THIS APPEAL WAS PREFERRED AGAINST THE ORDER OF THE CIT(A) WHEN THE CIT(A) REF USED TO ENTERTAIN THE APPEAL WHICH WAS PRESENTED IN PHYSICAL FORM, BUT SU BSEQUENTLY, WHEN THE ASSESSEE FILED THE APPEAL IN ELECTRONIC FORM, T HE CIT(A) ADMITTED THE SAME AND GRANTED RELIEF TO THE ASSESSEE BY DELETING THE ADDITION OF 2 RS.2,08,63,791/- MADE BY THE ASSESSING OFFICER U/S. 23(I)(A) OF THE INCOME-TAX ACT ON ACCOUNT OF INCOME FROM HOUSE PROP ERTY CALCULATED ON UNSOLD PROPERTY HELD IN STOCK-IN-TRADE. IN THESE CI RCUMSTANCES, LD. AR SOUGHT PERMISSION TO WITHDRAW THE APPEAL STATING TH AT IN SO FAR AS THE GRIEVANCE OF THE ASSESSEE IN RESPECT OF GROUND NO. 5 IS CONCERNED, LD. CIT(A) DISPOSED IT OF ON MERITS AND SHOULD THERE BE ANY GRIEVANCE THE ASSESSEE HAD IN THAT RESPECT, IT WOULD PURSUE THE R EMEDIES AGAINST THE ORDER DISPOSING OF THE APPEAL ON MERITS. 3. LD. DR REPORTS NO OBJECTION TO PERMIT THE ASSESS EE TO WITHDRAW THE APPEAL. RECORDING THE SAME, THE APPEAL IS DISMI SSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED. ORDER WAS PRONOUNCED ON CONCLUSION OF VIRTUAL HEARI NG IN PRESENCE OF BOTH THE PARTIES ON 8 TH FEBRUARY, 2021 . SD/- SD/- (G.S. PANNU) (K. NARASIMHA CHARY) VICE-PRESIDENT JUDICIAL MEMBER DATED: 08/02/2021 AKS