Apsara Sarees Pvt Ltd, New Delhi V. DCIT Circle-3(1), New Delhi

ITA 5952/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4905 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 154; 14A

Judgement Text

1 ITA no. 5952/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No. 5952/DEL/2019 Asstt. Yr: _2011-12 M/s Apsara Sarees Pvt. Ltd., 80-D, Kamla Nagar, New Delhi-110007 PAN- AAECA7964J Vs Dy. Commissioner of Income Tax, Circle-3(1), New Delhi. APPELLANT RESPONDENT Assessee represented by Sh. Brij Bhushan, ITP Department represented by Sh. Kanv Bali, CIT DR Date of hearing 21.09.2022 Date of pronouncement 21.09.2022 O R D E R PER N.K. CHOUDHRY, JM: The assessee has preferred the instant appeal against the order dated 24.05.2019, passed by the ld. Commissioner of Income tax (Appeals)-1, New Delhi (in short “Ld. Commissioner”), pertaining to the assessment year 2011-12. 2. The assessee vide application dated 20.9.2022 has requested the Tribunal for withdrawal of its appeal, inter alia, mentioning as under: “1. In this case, there was an arithmetical error in working of Disallowance under section 14A which was the only addition made in Assessment order. This error was brought to the notice of the ld. CIT9A) during the Appellate proceedings but no order was passed by the Ld. CIT(A) on this issue. Hence, the present appeal was filed before this Hon’ble Tribunal. 2 ITA no. 5952/Del/2019 2. During the last hearing on 15.06.2022 before this Hon’ble Bench, it was submitted that an application u/s 154 of the IT Act, 1961, was filed before the Assessing officer, for rectification of disallowance u/s 14A. Accordingly, an adjournment was requested for and the Hon’ble Bench adjourned the case for today. 3. It is now submitted that the Assessing Officer has passed an order dated 19.07.2022, u/s 154 of the Act and the erroneous demand of Rs. 3,24,374/- has been reduced to the correct demand of Rs. 51,521/-. Now, the assessee is left with no grievance in the order passed by the Ld. CIT(A). This being the only substantive ground of the present appeal, the assessee does not have any reason to further pursue the same. 4. It is accordingly requested that the assessee may be permitted to withdraw this appeal. Copies of the order dated 19.07.2022 and computation sheet are enclosed for kind perusal and records.” 3. The learned DR raised no objection to the request so made on behalf of the assessee. Accordingly, the assessee is permitted to withdraw the instant appeal filed by it. 4. Assessee’s appeal stands dismissed, having been withdrawn. Order pronounced in open court on 21.09.2022. Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI