ARVIND CHERAMBATH NAIR,GURGAON vs. CIRCLE-1(1), GURGAON

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ITA 181/DEL/2022Status: DisposedITAT Delhi17 January 2023AY 2017-183 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's application for withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee appealed against an order passed under Section 154 of the Income Tax Act, 1961. The appeal raised several grounds concerning calculation errors and incorrect levy of tax. However, the assessee subsequently filed an application to withdraw the appeal.

What were the issues?

The primary issue was the maintainability of an appeal against an order passed under Section 154. Other issues involved alleged calculation errors and incorrect taxation of capital gains and insurance proceeds.

Which sections of the Income-tax Act were involved?

Section 154,Section 246A,Section 10(10D)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. CHANDRA MOHAN GARG & SH. PRADIP KUMAR KEDIA

Hearing: 17/01/2023Pronounced: 17/01/2023

ORDER

PER PRADIP KUMAR KEDIA, AM:

1.

This appeal by the assessee is preferred against the order of the National Faceless Centre (NFAC), Delhi dated 22.11.2021 pertaining to A.Y.2017-18.

2.

The grievance of the assessee read as under :-

1. 1. That the Ld. CIT(A) grossly erred in law and in facts of the case in holding that the appeal against order passed u/s 154 of the Act is not maintainable despite the fact that the order passed u/s 154 are duly appealable u/s 246A(l)(c) of the Act.

2. That the order passed by the Ld. DCIT, CPC under Section 154 of the Act dated 20/11/2019 is erroneous and perverse to facts of the case and deserves to be quashed and the requested mistakes being apparent from record shall be directed to be rectified.

3. That the Ld. DCIT, CPC grossly erred in making calculation error in computing gross total income at Rs. 5,43.94,997/- as against the total income of Rs. 4,05,63,052/- computed by him after making inter head adjustments, thereby making non-tenable enhancement of Rs. 1,38,31,945/-.

4. That the Ld. DCIT, CPC grossly erred in facts of the case in levying tax on Long Term Capital Gain of Rs. 2,18,91,793/- twice.

5. That the Ld. DCIT, CPC grossly erred in law as well as on facts of the case in levying tax on amount of insurance proceeds of Rs. 1,01,14,832/- which was claimed as exempt by the assessee under Section 10(10D) of the Income Tax Act, 1961.

6. That the Ld. DCIT, CPC grossly erred in law as well as on facts of the case in levying tax on amount of insurance proceeds of Rs. 1,01,14,832/- without allowing deduction in respect of investment made by the assessee.

3.

At the very outset the authorized representative of the assessee moved application for withdrawal of appeal which is reproduced hereunder:-

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