YesPay IT Services (I) Pvt. Ltd., V. DCIT, New Delhi

ITA 6195/DEL/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6500 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 07-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 23-11-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 271(1)(c); 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 143(3); 92

Judgement Text

I.T.A .NO.-6195/DEL/2015 YESPAY IT SERVICES INDIA PVT.LTD. VS DCIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SH. KULDIP SINGH, JUDICIAL M EMBER AND SH.ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A .NO.-6195/DEL/2015 (ASSESSMENT YEAR-2010-11) YESPAY IT SERVICES INDIA PVT.LTD., PU-3, 4 TH FLOOR, MAN HOUSE, SCHEME NO.-54, A.B.ROAD, INDORE PAN-AAACY2696R ( APPELLANT) VS DCIT, CIRCLE-27(2), C.R.BUILDING, I.P.ESTATE, NEW DELHI-110002. (RESPONDENT) ASSESSEE BY NONE REVENUE BY SH.F.R.MEENA, SR.DR DATE OF HEARING 07 . 03 .201 7 DATE OF PRONOUNCEMENT 09 . 03 .201 7 ORDER PER ANADEE NATH MISSHRA, ACCOUNTANT MEMBER THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE A SSAILING THE CORRECTNESS OF THE ORDER DATED 21.08.2015 OF CIT(A)-44, NEW DELHI PERT AINING TO 2010-11 ASSESSMENT YEAR. THE ASSESSEE SUBMITTED AS UNDER:- 1. THE APPELLANT FILED ITS RETURN OF INCOME ON SEP TEMBER 17, 2010 DECLARING A LOSS OF RS.6,41,218 UNDER THE PROVISIONS OF INCOME TAX ACT, 1961 (THE ACT). 2. THE AFORESAID RETURN WAS SELECTED FOR SCRUTINY A SSESSMENT AND AN ORDER DATED MARCH 30, 2013 WAS PASSED BY THE INCOME TAX OFFICER , WARD 18(4), NEW DELHI (ITO) UNDER SECTION 143(3) OF THE ACT ASSESSING T HE INCOME OF THE APPELLANT AT RS.17,30,910. 3. CONSEQUENTLY, THE PENALTY PROCEEDINGS WERE INITI ATED BY THE ITO AND AN ORDER WAS PASSED UNDER SECTION 271(1)(C) OF THE ACT IMPOS ING A PENALTY OF RS.7,46,534. 4. BEING AGGRIEVED, THE APPELLANT PREFERRED AN APPE AL AGAINST THE AFORESAID ORDER BEFORE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A )]. HOWEVER, THE APPEAL WAS DISMISSED BY THE CIT(A). 5. SUBSEQUENTLY, THE APPELLANT PREFERRED AN APPEAL BEFORE YOUR OFFICE. COPY OF THE ACKNOWLEDGEMENT IS ENCLOSED AS ANNEXURE 1. HOW EVER, THE APPELLANT HAS DECIDED TO WITHDRAW THE APPEAL AND HAS ALREADY PAID THE DEMAND AS RAISED IN AFORESAID ORDER. PROOF FOR PAYMENT IS ENCLOSED AS ANNEXURE 2. 2. THE ASSESSEE FILED RETURN OF INCOME ON 17.09.201 0 DECLARING AN INCOME OF RS.6,41,218/-. THE RETURN WAS SELECTED FOR SCRUTIN Y ASSESSMENT AND ORDER DATED 30.03.2013 WAS PASSED BY THE AO U/S 143(3) OF THE INCOME TAX A CT, 1961 (IN SHORT ACT) WHEREIN INCOME OF THE ASSESSEE WAS ASSESSED AT RS.17,30,910/-. SU BSEQUENTLY, AN ORDER U/S 271(1)(C) OF THE ACT DATED 25.09.2013 WAS PASSED, IMPOSING A PENALTY OF RS.7,46,534/-. THE ASSESSEE FILED PAGE 2 OF 2 I.T.A .NO.-6195/DEL/2015 YESPAY IT SERVICES INDIA PVT.LTD. VS DCIT APPEAL AGAINST THE AFORESAID ORDER DATED 25.09.2013 BEFORE THE LD.CIT(A). THE AFORESAID APPEAL OF THE ASSESSEE WAS DISMISSED BY THE LD.CIT( A) VIDE ORDER DATED 21.08.2015. THE PRESENT APPEAL WAS FILED BY THE ASSESSEE AGAINST TH E AFORESAID ORDER DATED 21.08.2015 OF CIT(A). THE ASSESSEE VIDE LETTER DATED 09.11.2016 H AS INFORMED THAT HE, THE ASSESSEE HAS DECIDED TO WITHDRAW THE APPEAL AND HAS ALREADY PAID THE DEMAND. IN THIS LETTER, THE ASSESSEE FURTHER REQUESTED TO TAKE THESE FACTS ON RECORD AND TO ALLOW THE ASSESSEE TO WITHDRAW THE APPEAL. 3. AT THE TIME OF HEARING BEFORE US, THE LD. SR. DR DID NOT EXPRESS ANY OBJECTION AGAINST WITHDRAW OF THE APPEAL BY THE ASSESSEE. ACCORDINGL Y, WE ALLOW THE ASSESSEE TO WITHDRAW THE APPEAL. THE APPEAL IS DISMISSED BEING NOT PRESSED A ND WITHDRAWN BY THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 09 TH OF MARCH 2017. SD/- SD/- (KULDIP SINGH) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:-9 TH MARCH, 2017 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI