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Income Tax Appellate Tribunal, DELHI BENCH ‘E’: NEW DELHI
Appellant by Mr. Kanchal Kaushal, FCA and Mr. Kshitij Bansal, CA Respondent by Mr. Jitender Chand, Senior Departmental Representative (“SR- DR” for short) ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned
Commissioner of Income Tax (Appeals)-1, Noida [“Ld. CIT(A)”, for short], dated 28/03/2018 for Assessment Year 2011-12. Grounds taken in this appeal are as under:
ITA 4455 /Del/2018 Noida Power Company Ltd. vs. DCIT 1. That on the facts and circumstances of the case, the learned CIT(Appeals) erred in holding that tax is deductible at source on payment of lease rent to Greater Noida Industrial Development Authority and directing the Assessing Officer to proceed u/s. 150 of the Income-tax Act, 1961 without giving the appellant an opportunity of being heard and accordingly the action of the learned CIT(Appeals) is in violation of principle of natural justice.
That the learned CIT(Appeals) erred in holding that the provisions of section 150 of the Income tax Act, 1961 is applicable in the present case.
That the learned CIT(Appeals) failed to appreciate that time limit to issue notice under section 148 of the Income-tax Act, 1961 had already expired for the subject assessment year at the time when the order under section 154 of the Income-tax Act, 1961 was passed by the Assessing Officer.
That the learned CIT(Appeals) erred in holding that tax is deductible on payment of lease rent made to Greater Noida Industrial Development Authority.
That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds stated hereinabove either before or at the time of hearing of this appeal.”
(B) At the time of hearing, the Ld. Authorized Representative (“Ld. AR”, for short) for the assessee submitted that the assessee wished to withdraw this appeal. The Ld. Sr. DR for Revenue stated that Revenue had no objection to withdrawal of the appeal by the assessee. In view of the foregoing, the assessee is permitted to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn.
(C) For statistical purposes, the appeal is dismissed.
ITA 4455 /Del/2018 Noida Power Company Ltd. vs. DCIT (D) This order was pronounced on 14/02/2023 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing and is signed on 14/02/2023.