CARGO CONSTRUCTION COMPANY PRIVATE LIMITED,NEW DELHI vs. DCIT CIRCLE 4(2), NEW DELHI

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ITA 5464/DEL/2024Status: DisposedITAT Delhi28 May 2025AY 2023-24Bench: Sh. Satbeer Singh Godara, Judicial Member & Sh. Manish Agarwal (Accountant Member)2 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 Tribunal noted the assessee's fair submission that relief had already been granted in the consequential assessment. Considering these intervening developments, the Tribunal found no merit in the appeal.

What were the facts?

The assessee filed an appeal against an order in proceedings u/s 143(1) of the Income Tax Act, 1961. During the hearing, the assessee's counsel informed the tribunal that the Assessing Officer's consequential assessment had already granted relief as per CIT(A)/NFAC remand directions regarding TDS credit.

What were the issues?

Whether the appeal is maintainable when the consequential relief has already been granted by the Assessing Officer as per the directions of the higher authorities.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

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

Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal

Hearing: 28.05.2025Pronounced: 28.05.2025

Asstt. Year : 2023-24 Cargo Construction Company Pvt. Ltd. Vs DCIT, 1/9-B, Jindal House, Asaf Ali Road, Circle-4(2), New Delhi-110002 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAACC5291J Assessee by : Sh. Ashok Khandelwal, CA Revenue by : Sh. Rajesh Kumar Dhanesta, Sr. DR Date of Hearing: 28.05.2025 Date of Pronouncement: 28.05.2025 ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

This assessee’s appeal for Assessment Year 2023-24, arises against the Addl./JCIT(A), Kochi’s DIN & order No. ITBA/APL/S/250/2024-25/1070188273(1) dated 07.11.2024 in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “The Act”).

2.

Heard both the parties at length. Case file perused.

3.

Learned counsel is at his fair best at the outset during the course of hearing in informing us that the Assessing Officer’s consequential assessment framed in furtherance to CIT(A)/NFAC remand directions qua the solitary issue of TDS

4.

That being the assessee’s utmost fair stand, we see no merit in it’s instant appeal in light of the above intervening developments and dismiss it’s instant appeal as withdrawn subject to all just exceptions.

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