M/S HYATT INTERNATIONAL-ASIA PACIFIC LTD.,GURGAON vs. DDIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 1176/DEL/2016Status: DisposedITAT Delhi02 July 2020AY 2008-093 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 permitted the assessee to withdraw the appeal. The assessee was granted liberty to contest the issue on merit in future assessment years if the need arises.

What were the facts?

The assessee filed a return of income which was assessed by the AO without any additions or variations. The CIT(A) dismissed the assessee's appeal, stating there was no cause for appellate powers. The assessee then applied to withdraw the appeal.

What were the issues?

The primary issue was whether the assessee's appeal, filed against an assessment order with no additions, should be permitted to be withdrawn with liberty to re-agitate the issue in future.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “D” : DELHI

Before: SHRI BHAVNESH SAINI & SHRI N.K. BILLAIYA

Hearing: 02.07.2020Pronounced: 02.07.2020

This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-43, New Delhi, Dated 04.12.2015, for the A.Y. 2008-2009.

2 ITA.No.1176/Del./2016 M/s. Hyatt International-Asia Pacific Ltd., New Delhi.

2.

In this case assessee filed return of income declaring income of Rs.14,37,17,486/-. The A.O. assessed the income at Rs.14,37,17,486/- vide assessment order dated 29.12.2010 under section 143(3) of the I.T. Act, 1961. The Ld. CIT(A) noted in his findings that since there is no additions or variations in the return of income, therefore, there is no cause for exercising the appellate powers. Appeal of the assessee was accordingly dismissed.

3.

The assessee has filed an application for withdrawal of the appeal stating therein that assessee may be permitted to withdraw the appeal as the issue on merit has become academic for the present appeal, however, reserve their right to contest the issue on merit in case need arise in other assessment years. Learned Counsel for the Assessee, therefore, submitted that assessee may be permitted to withdraw the appeal with liberty to contest the issue on merit in other assessment years, if need arise.

4.

Considering the above facts, we permit the assessee to withdraw the appeal with liberty to contest the issue on merit in future year, if so advised, in accordance

3 ITA.No.1176/Del./2016 M/s. Hyatt International-Asia Pacific Ltd., New Delhi. with law. Appeal of the assessee is accordingly dismissed as withdrawn.

5.

In the result, appeal of the Assessee dismissed as withdrawn.

Order pronounced in the open Court.

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