Shri Sunil Keshwani, New Delhi V. ACIT, New Delhi

ITA 6170/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4153 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 02-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K MANJANI
• Assessee Lawyers: SARAS KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA. NO.6170/DEL/2016 ASSESSMENT YEAR 2007-08 SHRI SUNIL KESHWANI, B-491, NEW FRIENDS COLONY, NEW DELHI. V. ACIT, CIRCLE-54(1), NEW DELHI. TAN/PAN: AHKPK 7409A (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI B.K. MANJANI, ADV. RESPONDENT BY: SHRI SARAS KUMAR, SR.D.R. DATE OF HEARING: 24 02 2020 DATE OF PRONOUNCEMENT: 24 02 2020 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 29.09.2016 PASSED BY LD. CIT(A)-XVIII, NEW DELHI U/S.153C R.W.S. 143(3) FOR THE ASSESSMENT YEAR 2007-08. 2. DURING THE COURSE OF HEARING, AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATES THAT HE WANTS TO WITHDRAW T HE PRESENT APPEAL AND ALSO FILED A LETTER/REQUEST FOR WITHDRAW AL OF THE APPEAL STATING THEREIN AS UNDER: 1. THAT THIS APPEAL WAS FILED AGAINST THE ADDITION OF RS.1,99,00,000/- MADE BY LEARNED AO ON PROTECTIVE B ASIS UNDER THE HEAD 'INCOME FROM OTHER SOURCES'. THE SUB STANTIVE ITA. NO.6170/DEL/2019 2 ADDITION WAS MADE IN THE CASE OF M/S. LAL SAI ESTAT ES PVT. LTD. OF WHICH THE APPELLANT IS DIRECTOR. (RELEVANT PAGE -3, PARA-4.2, LINE 6 TO 11 OF THE AS SESSMENT ORDER). 2. THAT HON'BLE CIT(A) VIDE ORDER DATED 28/09/2016 HAD GRANTED RELIEF AND HELD AS UNDER: 'THUS IN VIEW OF MY OBSERVATION THAT THE INCOME IS TO BE ASSESSED IN THE HAND OF THE COMPANY M/S. LAL SAI ES TATES PVT. LTD. AS HELD BY LD. CIT(A)-5, THE ADDITION IN THE HAND OF THE APPELLANT MADE ON PROTECTIVE ASSESSMENT IS DIRE CTED TO BE DELETED. THIS OF COURSE IS S.T. THE FINALITY OF FIN DING AT THE HIGHER FORUM, IF ANY. IN THE LIGHT OF THE FOREGOING, THE APPEAL FOR THE A SSTT. YEAR 2007-08 IS ALLOWED PRO TANTO'. (RELEVANT PAGE-78, PARA-5.11.10 AND 5.11.11 OF THE CIT(A) ORDER). 3. THE ORDER OF THE CIT(A) WAS CONFUSING AS HE HAD STATED THAT THE ADDITION IS DELETED SUBJECT TO THE FINALITY OF FINDING OF THE HIGHER FORUM IN THE CASE OF M/S. LAL SAI ESTATES PVT. LTD. THE LEARNED CIT HAD LEFT THE ISSUE OPEN. 4. THAT THE MATTER HAS BEEN FINALLY SETTLED IN THE CASE OF M/S. LAL SAI ESTATE PVT. LTD BY HON'BLE ITAT BENCH- D, VIDE ORDER DATED 29/10/2018. THE HON'BLE ITAT HAS DELETE D THE ADDITION IN THE CASE OF M/S. LAI SAI ESTATES PVT. L TD. IN WHOSE HANDS THE ADDITION WAS MADE ON SUBSTANTIVE BA SIS. ITA. NO.6170/DEL/2019 3 (PAGE-25, LINE-17 TO 20 OF ITAT ORDER) IN VIEW OF THE SAID ADDITION DELETED BY HON'BLE ITA T BENCH-D IN THE CASE OF M/S. LAL SAI ESTATE PVT. LTD. THIS A PPEAL HAS BECOME INFRUCTUOUS. IT IS HUMBLY PRAYED THAT THE AP PELLANT MAY BE ALLOWED TO WITHDRAW THE APPEAL . 3. LEARNED DEPARTMENT REPRESENTATIVE DID NOT OBJECT IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PA RTIES AND THE MATERIAL AVAILABLE ON RECORD, WE DISMISS THE AP PEAL OF THE ASSESSEE AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY, 2020. SD/- SD/- [ ANADEE NATH MISSHRA] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH FEBRUARY, 2020 PKK: