APSARA SAREES PVT LTD,NEW DELHI vs. DCIT CIRCLE-3(1), NEW DELHI

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ITA 5952/DEL/2019Status: DisposedITAT Delhi21 September 2022AY 2011-122 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Assessing Officer rectified the arithmetical error, reducing the demand. As the only substantive ground of appeal was resolved, the assessee requested to withdraw the appeal.

What were the facts?

The assessee filed an appeal against an assessment order concerning disallowance under Section 14A. The assessee later filed an application for rectification of an arithmetical error in the disallowance calculation.

What were the issues?

Whether the assessee's appeal is maintainable after the rectification of the disputed demand by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 14A,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI ANIL CHATURVEDI & SHRI NARENDER KUMAR CHOUDHRY

Hearing: 21.09.2022Pronounced: 21.09.2022

PER N.K. CHOUDHRY, JM:

1.

The assessee has preferred the instant appeal against the order dated 24.05.2019, passed by the ld. Commissioner of Income tax (Appeals)-1, New Delhi (in short “Ld. Commissioner”), pertaining to the assessment year 2011-12.

2.

The assessee vide application dated 20.9.2022 has requested the Tribunal for withdrawal of its appeal, inter alia, mentioning as under:

“1. In this case, there was an arithmetical error in working of Disallowance under section 14A which was the only addition made in Assessment order. This error was brought to the notice of the ld. CIT9A) during the Appellate proceedings but no order was passed by the Ld. CIT(A) on this issue. Hence, the present appeal was filed before this Hon’ble Tribunal.

2. During the last hearing on 15.06.2022 before this Hon’ble Bench, it was submitted that an application u/s 154 of the IT Act, 1961, was filed before the Assessing officer, for rectification of disallowance u/s 14A. Accordingly, an adjournment was requested for and the Hon’ble Bench adjourned the case for today.

3.

It is now submitted that the Assessing Officer has passed an order dated 19.07.2022, u/s 154 of the Act and the erroneous demand of Rs. 3,24,374/- has been reduced to the correct demand of Rs. 51,521/-. Now, the assessee is left with no grievance in the order passed by the Ld. CIT(A). This being the only substantive ground of the present appeal, the assessee does not have any reason to further pursue the same. 4. It is accordingly requested that the assessee may be permitted to withdraw this appeal. Copies of the order dated 19.07.2022 and computation sheet are enclosed for kind perusal and records.” 3. The learned DR raised no objection to the request so made on behalf of the assessee. Accordingly, the assessee is permitted to withdraw the instant appeal filed by it. 4. Assessee’s appeal stands dismissed, having been withdrawn. Order pronounced in open court on 21.09.2022.

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