Cactus Dealcom Pvt ltd, New Delhi V. ITO WARD - 5(1), New Delhi

ITA 847/DEL/2021

AI Insights

The case involved Cactus Dealcom Pvt. Ltd., the appellant, who had filed two separate appeals concerning the same issue - one with the Kolkata Bench and another with the Delhi Bench of the Income Tax Appellate Tribunal (ITAT). The appeals were related to the assessment year 2008-09. During the proceedings, the counsel for the assessee informed the tribunal about the decision from the Kolkata Bench and submitted a copy of the same. Consequently, the assessee sought to withdraw the appeal filed in Delhi. The Departmental Representative (DR) did not object to this withdrawal. Therefore, the Delhi Bench allowed the withdrawal of the appeal, leading to its dismissal as withdrawn.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113998 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 11-09-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 11-07-2021
• Other Referred Cases: ITA No.633/Del./2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHASHWAT PATWA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘H’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.847/Del./2021 (ASSESSMENT YEAR : 2008-09) Cactus Dealcom Pvt. Ltd., vs. ITO, Ward 5 (1), C-17, 3 rd Floor, New Delhi. 309, Guru Nanakpura, Laxmi Nagar, New Delhi – 110 092. (PAN : AADCC2178F) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Shashwat Patwa, Advocate REVENUE BY : Ms. Sapna Bhatia, CIT DR Date of Hearing : 12.09.2023 Date of Order : 12.09.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of the ld. Commissioner of Income-tax pertaining to the assessment year 2008-09. 2. At the outset, it is noted that assessee has filed two appeals – one at Kolkata Bench and another at Delhi Bench of the ITAT. Ld. Counsel of the assessee submitted that the decision from Kolkata Bench of the Tribunal has already been issued and a copy of the same is placed on ITA No.633/Del./2016 2 record. Hence, he sought to withdraw the appeal. Ld. DR did not have any objection to the withdrawal of the appeal. 3. In view of the above, we permit withdrawal of the appeal. Hence, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on this 12 th day of September, 2023 after the conclusion of the hearing. Sd/- sd/- (ASTHA CHANDRA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the day of September, 2023 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A) 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.