BHARAT BHUSHAN KUMAR,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, GURUGRAM

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ITA 977/DEL/2019Status: DisposedITAT Delhi27 December 2021AY 2010-114 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals. The appeals were dismissed as withdrawn by the Tribunal.

What were the facts?

The assessee filed appeals challenging the CIT(A)'s observations regarding loans/deposits taken in cash. The appeals were filed for multiple assessment years. The assessee later sought to withdraw the appeals.

What were the issues?

Whether the assessment order passed under Section 153A is bad in law in the absence of incriminating material. Whether the CIT(A) erred in advising action regarding cash loans/deposits.

Which sections of the Income-tax Act were involved?

Section 153A

AI-generated summary — verify with the full judgment below

ORDER PER BENCH These appeals are filed by the assessee against common order of the Ld.CIT(A)-3, Gurgaon, dated 20/08/2018 for Assessment Years 2010-11 to 2015-16 respectively. In all these appeals the assessee raised following common ground challenging the observations of the Ld.CIT(A)’s .

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 A.O 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 A.O 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.”

2.

When the appeals came up for hearing today, Learned Counsel submitted that the issue raised in the subject appeals has been rendered academic as the appeals against quantum assessment stands allowed by the Ld.CIT(A) and the Tribunal also dismissed the Revenue’s appeals. It is also stated in the letter filed by the Ld. Counsel that due to low tax effect, the Revenue chose not to prefer appeal before the Hon'ble High Court. Therefore, it is stated that the appeals of the assessee have become academic and prayed for grant of permission to withdraw the appeals.

4.

Ld. DR has no objection.

5.

In view of the above stated facts and the letter dated 24/12/2021 filed by the Ld. Counsel for the assessee narrating the events as has already been stated above, we permit the assessee to withdraw these appeals.

6.

In the result, all the appeals of the assessee are dismissed as withdrawn.

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