M/s. FCML Projects, New Delhi V. Addl. CIT, New Delhi

ITA 943/DEL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2761 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 24-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Assessee Lawyers: NEHA GOEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B , NEW DELHI BEFORE SH. N. K. SAINI, AM AND MS. SUCHITRA KAMBLE, JM ITA NO. 943/DEL/2016 : ASSTT. YEAR : 2011 - 1 2 M /S FCML PROJECTS C/O M/S FCML DISTRIBUTORS PVT. LTD., A - 217, OKHLA INDL. AREA, PHASE - I, NEW DELHI VS ADL. COMMISSIONER OF INCOME TAX, RANGE - 28, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A AA FF1343H ASSESSEE BY : MS. NEHA GOEL, CA REVENUE BY : MS. ASHIMA NEB , SR. DR DA TE OF HEARING : 29 .08 .201 8 DATE OF PRONOUNCEMENT : 29 . 08 .201 8 ORDER PER N. K. SAINI, AM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 20.01.2016 OF LD. CIT(A) - 16, NEW DELHI. 2. DURING THE COURSE OF HEARING , THE LD. C OUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS THE INSTRUCTION TO WITHDRAW THIS APPEAL AND GAVE IN WRITING AS UNDER: MAY IT PLEASE YOUR HONOURS THE ABOVE - NOTED APPEAL IS FIXED FOR HEARING ON 29 TH AUGUST 2018 BEFORE THE HON'BLE 'B' BENCH. IN THIS CONNECTIO N, IT IS RESPECTFULLY SUBMITTED THAT DOUBLE TAXATION ARISING OUT OF TAXING INTEREST IN THE HANDS OF THE INDIVIDUAL PARTNERS AND ALSO DISALLOWING THE INTEREST IN THE HANDS OF THE APPELLANT ASSESSEE HAS SINCE BEEN RECTIFIED BY THE LD. ASSESSING OFFICER. AS A RESULT, THE APPELLANT ASSESSEE ITA NO. 943 /DEL /201 6 FC ML PROJECTS 2 HAS NO FURTHER GRIEVANCE IN THE MATTER AND WISHES TO WITHDRAW THE APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL. IT IS PRAYED THAT YOUR HONOUR MAY KINDLY PERMIT WITHDRAWAL OF THE APPEAL. THE INCONVENIENCE CAUSED TO THE HON'BLE BENCH IS SINCERELY REGRETTED. PRAY ACCORDINGLY, FOR FCML PROJECTS NEW DELHI SD/ - NIRMAL KHANDELWAL ( PARTNER ) 3. IN HIS RIVAL SUBMISSIONS , THE LD. DR DID NOT OBJECT IF THE APPEAL IS DI SMISSED AS WITHDRAWN. 4. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE COURT ON 29 /08 /201 8 ) SD/ - SD/ - (SUCHITRA KAMBLE ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DAT ED: 29 /08 /201 8 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR