VIPIN SHARMA,NEW DELHI vs. DCIT CC-1, GURGAON

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ITA 975/DEL/2019Status: DisposedITAT Delhi04 March 2022AY 2014-153 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 assessee's authorized representative requested to withdraw all appeals as the issues had become academic. The Departmental Representative had no objection to this request.

What were the facts?

The assessee filed six appeals against assessment orders for the years 2010-11 to 2015-16. The grounds of appeal related to the validity of assessment orders passed under Section 153A and the treatment of loans/deposits taken in cash.

What were the issues?

The primary issue was the validity of assessment orders under Section 153A in the absence of incriminating material. The secondary issue concerned the treatment of cash loans/deposits.

Which sections of the Income-tax Act were involved?

Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’, NEW DELHI

Before: SHRI ANIL CHATURVEDI & SHRI NARENDER KUMAR CHOUDHRY

For Appellant: Shri Shaurya Jain, CA
For Respondent: Shri T. Kipgen, CIT (DR)
Hearing: 14.03.2022Pronounced: 14.03.2022

ORDER PER BENCH: This is a group of six appeals, filed by the same assessee for assessment years 2010-11 to 2015-16.

2.

The ground raised by the assessee in assessment year 2010- 11 in is as under:

“1. That on facts and in law in the absence of recovery of any incriminating material during the course of search against the assessee the order of assessment dated 26th December 2017 passed by AO u/s. 153A is bad in law and void ab-initio.

2. That on facts and in law the CIT(A) has erred in observing/holding that “the AO is advised to take necessary action in the case of appellant in all the years under consideration with respect to loan/deposit taken from M/s. Spaze Towers Pvt. Ltd. in cash and thus otherwise that by specified modes as per provisions of the Act.”

3.

Similar grounds have been raised by the assessee in all other years also.

4.

Before us, the learned authorized representative has filed a letter dated 12.03.2022, praying that the assessee wants to withdraw all the aforesaid appeals as the issue raised in these appeals has been rendered academic.

5.

Learned Departmental Representative has no objection to the aforesaid request of the assessee. We, therefore, dismiss the appeals of the assessee as being withdrawn.

6.

In the result, all the appeals are dismissed as withdrawn.

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