M/s. ADI BPO Services Ltd., New Delhi V. DCIT, New Delhi

ITA 915/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3538 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 23-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JANARDAN DAS
• Assessee Lawyers: KIMMI DAWAR
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA NO. 915/DEL/2016 A.Y : 20 12 - 13 M/S ADI BPO SERVICES LTD. B-102, QUEENS COURT E-BLOCK, GREAKTER KAILASH-II, NEW DELHI 110 048 (PAN: AAFCA7116B) VS. DCIT, CIRCLE 1(2), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. KIMMI DAWAR, CA DEPARTMENT BY : SH. JANARDAN DAS, SR. DR. ORDER PER H.S. SIDHU, JM THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDER DATED 29/12/2015 PASSED BY THE LD. CIT(A)-I, NEW DELHI RELATING TO ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING LD. COUNSEL FOR THE ASS ESSEE WANTS TO WITHDRAW THE APPEAL. IN THIS REGARD, SHE FILED AN APPLICATIO N STATING THEREIN THAT AGAINST THE DISALLOWANCE OF DEPRECIATION OF RS. 1,1 6,25,000/- ON NON- COMPLETE FEE, THE ASSESSEE HAD FILED AN APPEAL BEFO RE THE TRIBUNAL. IT WAS ALSO STATED IN THE SAID APPLICATION THAT THE SAID D ISALLOWANCE WAS MADE BY THE REVENUE AUTHORITIES IN VIEW OF THE DECISION OF THE HONBLE DELHI HIGH COURT IN THE CASE OF SHARP BUSINESS SYSTEMS VS. CIT 211 TAXMAN 576 AND IN ORDER TO AVOID LITIGATION ON THE SAID ISSUE AND BUY PEACE, THE ASSESSEE WANTS TO WITHDRAW THE SAID GROUND OF APPEAL AND REQ UESTED TO PERMIT THE ASSESSEE TO WITHDRAW THE SAID GROUND OF APPEAL FOR THE YEAR UNDER CONSIDERATION I.E. 2012-13. 2 3. LD. SR. DR DID NOT OBJECT THE REQUEST OF THE LD. COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS. WE FIND THAT AT THE TIME OF HEARING LD. COUNSEL FOR THE ASS ESSEE REQUESTED FOR WITHDRAWAL OF APPEAL BY FILING THE APPLICATION, A S AFORESAID. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, AS AFORESAID, WE ACCEPT THE AFORESAID REQUEST OF THE ASSESSEES COUNSEL FO R WITHDRAWAL OF THE APPEAL AND ACCORDINGLY, WE DISMISS THE ASSESSEES A PPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED ON 21/02/2019. SD/- SD/- [N.K. BILLAIYA] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 21/02/2019 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