DARCL Logistics Ltd., New Delhi V. DCIT, New Delhi

ITA 697/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4036 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 09-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 697 / DEL/20 1 6 A.Y : 20 12 - 13 M/S DARCL LOGISTICS LIMITED, M-2, HIMLAND HOUSE, KARAMPURA, COMMERCIAL COMPLEX, NEW DELHI 110 015 (PAN: AAACD2086J) VS. DCIT, CIRCLE 7(1), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SH. ATIQ AHMAD, SR. DR ORDER PER H.S. SIDHU, JM THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDER DATED 17/12/2015 PASSED BY THE LD. C IT(A)-3, NEW DELHI RELATING TO ASSESSMENT YEAR 2012-13. 2. DURING THE HEARING, MR. PRAKASH AGARWALLA, VICE PRESIDENT/AUTHORISED SIGNATORY OF THE ASSESSEE COMPA NY HAS SOUGHT PERMISSION TO WITHDRAW THE ITA NO. 679/DEL/20 16 BY FILING THE APPLICATION DATED 05.12.2017. THE CONTENTS OF THE AFORESAID APPLICATION DATED 05.12.2017 READ AS UNDER:- THIS IS WITH REFERENCE TO THE CAPTIONED MATTER WHICH IS CURRENTLY PENDING BEFORE THE 2 HONBLE F BENCH OF THE INCOME TAX APPELLATE TRIBUNAL (ITAT). BY WAY OF THIS LETTER, THE ASSESSEE MAKE REQUEST OF WITHDRAWAL OF CAPTIONED APPEAL AND FIXATION THEREOF. IT IS SUBMITTED THAT THE CAPTIONED APPEAL IS FILED AGAINST DISALLOWANCE UNDER SECTION 14A OF THE ACT PARTLY CONFIRMED BY THE LD. CIT(A). THE CIT(A) IN ITS ORDER DIRECTED THE AO TO MAKE DISALLOWANCE ONLY TO THE EXTENT OF DIVIDEND RECEIVED DURING THE YEAR. THE DEPARTMENT BEING AGGRIEVED, FILED AN APPEAL VIDE APPEAL NO. 979/DEL/2016. THE SAID APPEAL FILED BY THE DEPARTMENT HAS RECENTLY BEEN DISMISSED BY THE HONBLE B BENCH VIDE ORDER DATED 15.11.2017. A COPY OF THE ORDER PASSED BY THE HONBLE B BENCH OF THE ITAT IS ATTACHED HEREWITH FOR YOUR HONOURS KIND REFERENCE AS ANNEXURE-1. IN SUCH CIRCUMSTANCES, THE COMPANY WISHES TO WITHDRAW ITS APPEAL FILED VIDE APPEAL NUMBER 679/DEL/2016 DUE TO SMALLNESS OF AMOUNT INVOLVED IN THE CAPTIONED APPEAL I.E. INR 46,636 AND ALSO IN LIGHT OF THE ORDER PASSED BY THE HONBLE B BENCH OF THE ITAT IN DEPARTMENTS APPEAL. WE TRUST THAT YOUR HONOUR WOULD ACCEDE TO OUR REQUEST. 3 3. LD. DR HAS NOT RAISED ANY OBJECTION TO THE AFORES AID CONTENTION MADE IN THE APPLICATION OF THE ASSESSEES AUTHORIZED S IGNATORY. 4. WE HAVE THE LD. DR PERUSED THE RECORDS, ESPECIALL Y THE APPLICATION DATED 05.12.2017 FILED BY MR. PRAKASH AGA RWALLA, VICE PRESIDENT/AUTHORISED SIGNATORY OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANC ES OF THE CASE, WE ACCEPT THE AFORESAID REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AND ACCORDINGLY, WE DISMISS APPEAL AS WIT HDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/01/2018. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 18/01/2018 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 4