Mr. Ashok Kaushik, New Delhi V. ACIT, New Delhi

ITA 6366/DEL/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5602 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 13-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA
• Assessee Lawyers: DR ANTHWAL
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 6 366 / DEL/20 1 6 A.Y : 20 13 - 14 ASHOK KAUSHIK, B-3, J-BLOCK, WESTER AVENUE, W-14 LANE, SAINIK COMPLEX, NEW DELHI 110 062 (PAN: ARVPK5674N) VS. ACIT, CIRCLE 31(1), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. D.R. ANTHWAL, ADV. DEPARTMENT BY : SH. RAVI KANT GUPTA, SR. DR ORDER PER H.S. SIDHU, JM THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDER DATED 23/3/2016 PASSED BY THE LD. CI T(A)-11, NEW DELHI RELATING TO ASSESSMENT YEAR 2013-14. 2. DURING THE HEARING, SH. D.R. ANTHWAL, ADV./ COUN SEL OF THE ASSESSEE HAS SOUGHT PERMISSION TO WITHDRAW THE ITA NO . 6366/DEL/2016 BY FILING THE APPLICATION DATED 15.2.20 18. THE 2 CONTENTS OF THE AFORESAID APPLICATION DATED 15.2.201 8 READ AS UNDER:- THE APPEAL OF THE AFORESAID APPELLANT WAS SUBMITTED ON 13.12.2016 FOR THE YEAR MENTIONED ABOVE AND THE APPEAL HAS NOT YET BEEN FIXED. HOWEVER, THE ASSESSEE AFTER FILING AN APPEAL IN ITAT ALSO FILED AN APPEAL BEFORE THE LD. CIT(A)-XI, NEW DELHI WITH CONDONATION OF DELAY AND THE DELAY HAS BEEN CONDONED BY THE LD. CITY(A)-XI, NEW DELHI AND HAS STARTED HEARING AN APPEAL. IT IS THEREFORE PRAYED THAT THE APPEAL NO. 6366/DEL/2016 MAY PLEASE BE TREATED AS WITHDRAWN. 3. LD. DR HAS NOT RAISED ANY OBJECTION TO THE REQUEST OF THE ASSESSEES COUNSEL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECO RDS, ESPECIALLY THE APPLICATION DATED 15.2.2018 FILED BY SH. D.R. ANTHWAL, ADV/COUNSEL OF THE ASSESSEE FOR WITHDRAWAL O F APPEAL. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ACCEPT THE AFORESAID REQUEST OF THE ASSESSEES COUNSE L FOR 3 WITHDRAWAL OF THE APPEAL AND ACCORDINGLY, WE DISMISS THE APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/04/2018. SD/- SD/- [L.P. SAHU] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 16/04/2018 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES