GAP INTERNATIONAL SOURCING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-10(1), NEW DELHI

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ITA 7452/DEL/2018Status: DisposedITAT Delhi18 March 2021AY 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 Tribunal accepted the assessee's request to withdraw the appeal as it had become infructuous due to the DRP's order and subsequent deletion of additions by the TPO.

What were the facts?

The assessee filed an appeal against the AO's order. The assessee later filed a rectification application before the DRP, which was accepted, leading to the deletion of the entire addition by the TPO.

What were the issues?

Whether the appeal filed by the assessee is infructuous and can be withdrawn due to subsequent favorable orders from higher authorities.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 254

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : I-1 : NEW DELHI

Before: SHRI R.K. PANDA & SHRI KULDIP SINGH

For Appellant: Shri Nishant Saini &, Shri Shashank Choudhary
For Respondent: Shri Surenderpal, CIT, DR
Hearing: 18.03.2021Pronounced: 18.03.2021

ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the assessee is directed against the order dated 27th September, 2018 passed by the AO u/s 143(3) r.w.ss 144C and 254 of the IT Act, 1961 relating to assessment year 2011-12.

2.

The ld. counsel for the assessee filed an application seeking withdrawal of the appeal on the ground that the assessee had filed a rectification application before the DRP who passed the order on 11th December, 2018 wherein the DRP accepted the contention of the assessee and directed the TPO to recompute the adjustment. Subsequently, the TPO deleted the entire addition and, therefore, this appeal becomes infructuous. He accordingly submitted that the appeal filed by the assessee may be allowed to be withdrawn.

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