Sameer Kapoor, Delhi V. ITO, Ward- 16(3), New Delhi

ITA 7468/DEL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0497 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 25-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’: NEW DELHI (Through Video Conferencing) BEFORE, SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.7468/Del/2018 (ASSESSMENT YEAR 2015-16) Sameer Kapoor, E-63, 3 rd Floor, G.K. Enclave-1, Greater Kailash, New Delhi-110 048. PAN-AAAPK 6329G Vs. Income Tax Officer, Ward-16(3), New Delhi-110 002. (Appellant) (Respondent) Appellant By Sh. A.T.Panda, Adv. Respondent by Sh. Umesh Takyar, Sr. DR ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-6, Delhi [Ld. CIT(A)”, for short], dated 10.09.2018 for Assessment Year 2015-16. Grounds taken in this appeal of Assessee are as under: “1. That the Learned Commissioner of Income tax (A) -6 Delhi has erred in confirming the addition of Rs.30,63,436/- u/s 54F as against addition of Rs 1,18,28,760/- as made by the Learned AO. 2 ITA No.7468/Del/2018 Sameer Kapoor vs. ITO 2. That on the facts and circumstances of the case and in law the Learned Commissioner of Income tax (A) has erred in sustaining the addition of Rs.30,63,436/-u/s 54F on wrong and infirm interpretation of facts by not considering the amount of Rs. 21,67,600/- spent on account of addition/improvement of the new house property bought by the appellant. 3. It is therefore prayed that the addition u/s 54F sustained by the Learned Commissioner of Income tax (A) may kindly be deleted and appeal of the appellant be allowed. 4. That the appellant craves leave to add, alter, modify and withdraw any grounds of appeal before or during the appellate proceedings.” (B) During the appellate proceedings in Income Tax Appellate Tribunal, (‘ITAT’ for short) a written communication was received from the assessee side, requesting for withdrawal of this appeal. The relevant part of the communication is reproduced as under: “The captioned appeal arising out of order dated 10.09.2018 passed by the Commissioner of Income Tax (Appeals)-6, Delhi [briefly 'CIT(A)'] is fixed for hearing before the Hon'ble Bench on 06.01.2022. It is submitted that by order dated 10.09.2018, the CIT(A) in partly allowing the appeal has restricted the disallowance under section 54F of the Income Tax Act, 1961 to Rs.98,56,564/- as against the claim of Rs.1,29,20,000/- and thereby denied the deduction of Rs.30,63,436/-. Against the order of CIT(A) both the assessee as well as department came in appeal and assessee's appeal is registered as [ITA No.7468/Del/2018], whereas, the departmental appeal is registered as [ITA No. 7656/Del/2018]. However, by order dated 23.8.2019 departmental appeal [ITA No. 7656/Del/2018] was dismissed on account of low tax effect [order dated 23.8.2019 is attached]. Since the departmental appeal has already been dismissed, assessee do not want to pursue the present appeal [ITA No. 7468/Del/2018] fled by the assessee.” Under the circumstances, on instructions it is prayed that we may be permitted to withdraw the appeal filed by the assessee.” 3 ITA No.7468/Del/2018 Sameer Kapoor vs. ITO (C) At the time of hearing, the Ld. Counsel made oral prayer for withdrawal of appeal. The Ld. Departmental Representative (“DR”, for short) expressed no objection to the assessee’s request for withdrawal of appeal. In view of the foregoing, having regard to the written as well as oral request from assessee side, and as both sides are in agreement to this; the present appeal is dismissed as withdrawn. (D) Our order was already pronounced orally in the Court on 06.01.2022, the presence of representatives of both sides, after conclusion of hearing. This written order is now signed today on 06.01.2022. Sd/- Sd/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:06.01.2022 PK Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI