Cosmos Tradexim P.Ltd, New Delhi V. ITO, Ward-6(3), New Delhyi

ITA 5499/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8028 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I1
• Assessment Year: 2013-2014
• Appeal Filed On: 23-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Application of stay
• Section: 92CA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1, NEW DELHI (THROUGH VIDEO CONFERENCING] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.5499/DEL/2018 [A.Y 2013-14] COSMOS TRADEIM P. LTD. VS. ITO SHOP NO.404, 4 TH FLOOR, WARD 6 (3) 2633-2634, PLOT NO.249-250 NEW DELHI BANK STREET, KAROL BAGH, PAN NO.AAECC2807J NEW DELHI [APPELLANT] [RESPONDENT] DATE OF HEARING : 25.08.2021 DATE OF PRONOUNCEMENT : 25.08.2021 ASSESSEE BY : SHRI HIREN MEHTA, CA REVENUE BY : SH. SURENDER PAL, CIT DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS]-44, NEW DELHI DATED 24.07.2018 PERTAINING TO ASSESSMENT YEAR 2013 -14. 2 2. AT THE VERY OUTSET, THE COUNSEL FILED THE FOLLOW ING LETTER BEFORE THE BENCH :- DATED: 24.08.2021 1-1 BENCH, UAT, 10 TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110003 SUB: IT A NO. 8499/D/18 FOR A.Y. 2013-14 IN THE CAS E OF COSMOS TRADE EXIM PVT. LTD. HON'BLE BENCH, WITH REGARD TO THE CAPTIONED 3TA FIXED FOR HEARING ON 25.08.2021, THE APPELLANT IS REQUESTING FOR WITHDRAWAL OF THE ABOVE APPEAL IN VIEW OF THE FOLLO WING: 1. IT IS SUBMITTED THAT AGAINST THE ORDER OF CIT (A ) DATED 24.07.2018 AN APPEAL WAS FILED SINCE THE GRIEVANCES RAISED BY THE APPELLANT AGAINST THE ORDE R OF TPO WERE PARTLY ALLOWED BY CIT (A). 2. THEREAFTER, A STAY APPLICATION DATED 15.09.2018 WAS FILED REQUESTING FOR STAY AGAINST RECOVERY OF DEMAND PURSUANT TO THE ORDER PASSED BY CIT (A). 3. DURING THE COURSE OF HEARING OF THE STAY APPLICA TION THE HON'BLE ITAT DIRECTED THE DR TO GET THE WORKING OF DEMAND AFTER APPEAL EFFECT VERIFIED, ON VARIOUS DATES. 4. IT IS SUBMITTED THAT THE TPO HAS PASSED AN ORDER DATED 25.10.2018 GIVING EFFECT TO THE DIRECTIONS OF CIT (A) IN APPEAL NO. 94/2017-18. A COPY OF SAID APPEAL EFFECT ORDER IS ENCLOSED HEREWITH. UPON PERUSAL OF THE APPEAL EFFECT ORDER PASSED BY THE TP O, IT CAN BE NOTED THAT NIL ADJUSTMENT U/S 92CA HAS BEEN COMPUTED. IN VIEW OF THE ABOVE, IT IS REQUESTED THAT THE APPE LLANT MAY BE PERMITTED TO WITHDRAW THE CAPTIONED APPEAL PENDING BEFORE ITAT. THANKING YOU, YOURS FAITHFULLY, FOR DINESH MEHTA & CO. CHARTERED ACCOUNTANTS (NIRBHAY MEHTA) ADVOCATE 3 3. IN VIEW OF THE ABOVE, THIS APPEAL FILED BY THE A SSESSEE IS DISMISSED AS WITHDRAWN. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 25.08. 2021 IN THE PRESENCE OF BOTH THE RIVAL REPRESENTATIVES. SD/- SD/- [SUCHITRA KAMBLE] [N .K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25.08.2021 *NEHA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION 25.08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 25.08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 25.08.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 25.08.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 25.08.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS 25.08.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 25.08.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 25.08.2021 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER