Green Cube Mercahntile Consultants Private Limited, Gurgaon V. PR . CIT, FARIDABAD

ITA 743/DEL/2021

AI Insights

The case involves Green Cube Mercantile Consultants Pvt. Ltd., the appellant, who appealed against the order of the Principal Commissioner of Income Tax, Faridabad, for the assessment year 2016-17. The core issue revolved around the penalties under sections 271E and 271D for alleged violations of sections 269SS and 269T of the Income Tax Act, 1961. However, the Assessing Officer, following a directive under section 263 of the Act, did not impose these penalties, citing the Supreme Court's decision in Adinath Builders (P) Ltd. The appellant subsequently filed a petition to withdraw the appeal, which was unopposed by the Departmental Representative.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113206 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 07-02-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 16-06-2021
• Other Referred Cases: Adinath Builders (P) Ltd. [108 taxmann.com 57]
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 271D; 271E

Judgement Text

I.T.A. No. 743/Del/2021 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “H” : DELHI ] BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER, AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER आ.अ.सं./I.T.A No. 743/Del/2021 िनधाᭅरणवषᭅ/ Assessment Year: 2016-17. Green Cube Mercantile Consultants Pvt. Ltd., U-15/42, DLF Phase-III, Gurgaon, Haryana – 122 002. बनाम Vs. Pr. CIT, Faridabad. PAN No. AAFCG1967Q अपीलाथᱮ / Appellant ᮧ᭜यथᱮ / Respondent िनधाᭅᳯरतीकᳱओरसे /Assessee by : N o n e; राजˢकीओरसे / Department by Ms. Sapna Bhatia, [CIT] - D. R.; सुनवाईकᳱतारीख/ Date of hearing : 08/02/2023 उ᳃ोषणाकᳱतारीख/Pronouncement on : 08/02/2023 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal is filed by the assessee against the order of the ld. Pr. Commissioner of Income Tax, Faridabad, dated 16.03.2021 for assessment year 2016-17. I.T.A. No. 743/Del/2021 2 2. In spite of issue of notice none appeared on behalf of assessee when the appeal is listed for hearing today 8.02.2023. However, the counsel for the assessee filed petition on 26.12.2022 requesting for withdrawal of appeal as the Assessing Officer passed consequential order pursuant to order passed under section 263 of the Income Tax Act, 1961 (the Act) by the PCIT wherein the Assessing Officer did not levy penalty under section 271E and 271D of the Act for violation of provisions of section 269SS and 269T in view of the decision of the Hon’ble Supreme Court in the case of Adinath Builders (P) Ltd. [108 taxmann.com 57]. 3. The ld. DR has no objection. 4. After considering the petition filed by the assessee and for the reasons therein the assessee is permitted to withdraw its appeal. 5. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on : 08/02/2023. Sd/- Sd/- (PRADIP KUMAR KEDIA) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 08/02/2023. *MEHTA* Copy forwarded to :- 1. Appellant; I.T.A. No. 743/Del/2021 3 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 08.02.2023 Date on which the typed draft is placed before the dictating member 08.02.2023 Date on which the typed draft is placed before the other member 08.02.2023 Date on which the approved draft comes to the Sr. PS/ PS 08.02.2023 Date on which the fair order is placed before the dictating member for pronouncement 08.02.2023 Date on which the fair order comes back to the Sr. PS/ PS 08.02.2023 Date on which the final order is uploaded on the website of ITAT 08.02.2023 Date on which the file goes to the Bench Clerk 08.02.2023 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order