M/s. Ceratizit (I) Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 6366/DEL/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4254 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-11-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 01-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Section: 154

Judgement Text

1 ITA NO. 6366/DEL/2015 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SH. N. K. SAINI, AM AND SH. SUDHANSHU SRIVAS TAVA, JM ITA NO. 6366/DEL/2015 : ASSTT. YEAR : 2008-09 CERATIZIT (1) PVT. LTD. C/O, V. P. GUPTA & CO. 501, ANSAL BHAWAN, 16, K. G. MARG NEW DELHI AABCC6342H VS DCIT CIRCLE-3(1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. V. P. GUPTA, ADV REVENUE BY : SH. S. K. JAIN, DR DATE OF HEARING : 03.11.2016 DATE OF PRONOUNCEMENT: 04 .11.2016 ORDER PER N. K. SAINI, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 19/08/2015 PASSED BY CIT(A)-2, NEW DELHI. 2. THE ASSESSEE MOVED AN APPLICATION TO WITHDRAW THIS APPEAL STATING THERE AS UNDER:- 2 ITA NO. 6366/DEL/2015 HONBLE MEMBERS INCOME TAX APPELLATE TRIBUNAL A BENCH NEW DELHI. SUB: APPEAL NO. 6366/DEL/2015 - CERATIZIT INDIA PVT . LTD. V. DCIT FOR A.Y. 2008-09. SIRS, ABOVE APPEAL HAS BEEN FILED BY THE APPELLANT COMPAN Y AGAINST THE ORDER OF CIT(A) WHEREIN THE CIT(A) HAD UPHELD PENALTY OF RS.3,10,93 1/- LEVIED U/S 271(1)(C) OF THE ACT, NOTWITHSTANDING THE CONTENTION OF THE APPELLAN T COMPANY THAT IN VIEW OF DECISION OF HONBLE DELHI HIGH COURT IN THE CASE OF CIT V. NALWA SON INVESTMENTS (INDIA) LTD. (2010) 327 ITR 543 (DEL), SAME COULD NOT BE LEVIED. APPELLANT HAD ALSO FILED AN APPLICATION FOR RECTIFI CATION U/S 154 OF THE ACT BEFORE CIT(A). CIT(A) VIDE HER ORDER DATED 29.07.2016 HAS ALLOWED THE RECTIFICATION APPLICATION AND PENALTY UNDER REFERENCE HAS BEEN DE LETED BY HER. IN VIEW OF ABOVE, THE PRESENT APPEAL OF THE APPELLA NT COMPANY HAS BECOME INFRUCTUOUS. A COPY OF THE ORDER OF CIT(A) DATED 29 .07.2016 IS ENCLOSED HEREWITH FOR KIND REFERENCE OF THE HONBLE BENCH. THE HONBLE BE NCH MAY BE PLEASED TO PASS AN ORDER HOLDING THAT PRESENT APPEAL HAS BECOME INFRUC TUOUS. THANKING YOU, YOURS FAITHFULLY, FOR V. P. GUPTA & CO. SD/- (V.P. GUPTA) ADVOCATE 3. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE CONTENTS OF THE SAI D APPLICATION AND REQUESTED TO WITHDRAW THE APPEAL. 3 ITA NO. 6366/DEL/2015 4. THE LD. DR DID NOT OBJECT IF THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. . (ORDER PRONOUNCED IN THE COURT ON 04/11/2016 ) SD/- SD/- (SUDHANSHU SRIVASTAVA) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTA NT MEMBER DATED: 04/11/2016 *R.NAHEED* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI 4 ITA NO. 6366/DEL/2015 DATE INITIAL 1. DRAFT DICTATED ON 03.11.2016 PS 2. DRAFT PLACED BEFORE AUTHOR 03.11.2016 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 4.11.2016 PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 4.11.2016 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 5 ITA NO. 6366/DEL/2015