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Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI ANADEE NATH MISSHRA
PER AMIT SHUKLA, J.M.: The aforesaid Appeal has been filed by the assessee against the impugned order dated 29.09.2016 passed by Ld. CIT(A)-XVIII, New Delhi u/s.153C r.w.s. 143(3) for the Assessment Year 2007-08.
During the course of hearing, at the outset, the ld. counsel for the assessee states that he wants to withdraw the present appeal and also filed a letter/request for withdrawal of the appeal stating therein as under:
“1. That this appeal was filed against the addition of Rs.1,99,00,000/- made by learned AO on protective basis under the head "Income from Other Sources". The substantive addition was made in the case of M/s. LaL Sai Estates Pvt. Ltd. of which the appellant is Director.
(relevant page -3, para-4.2, line 6 to 11 of the assessment order).
2. That Hon'ble CIT(A) vide order dated 28/09/2016 had granted relief and held as under:
"Thus in view of my observation that the income is to be assessed in the hand of the company M/s. Lal Sai Estates Pvt. Ltd. as held by Ld. CIT(A)-5, the addition in the hand of the appellant made on protective assessment is directed to be deleted. This of course is s.t. the finality of finding at the higher forum, if any.
In the light of the foregoing, the appeal for the Asstt. Year 2007-08 is allowed pro tanto".
(relevant page-78, para-5.11.10 and 5.11.11 of the CIT(A) order).
3. The order of the CIT(A) was confusing as he had stated that the addition is deleted subject to the finality of finding of the higher forum in the case of M/s. Lal Sai Estates Pvt. Ltd. The learned CIT had left the issue open.
4. That the matter has been finally settled in the case of M/s. Lal Sai Estate Pvt. Ltd by Hon'ble ITAT Bench-D, vide order dated 29/10/2018. The Hon'ble ITAT has deleted the addition in the case of M/s. Lai Sai Estates Pvt. Ltd. in whose hands the addition was made on substantive basis.
(Page-25, Line-17 to 20 of ITAT order)
In view of the said addition deleted by Hon'ble ITAT Bench-D in the case of M/s. Lal Sai Estate Pvt. Ltd. this appeal has become infructuous. It is humbly prayed that the appellant may be allowed to withdraw the appeal”.
Learned Department Representative did not object if the Appeal of the assessee is dismissed as withdrawn.
After considering the submissions of both the parties and the material available on record, we dismiss the Appeal of the assessee as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 24th February, 2020.