M/S. ADI BPO SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 915/DEL/2016Status: DisposedITAT Delhi21 February 2019AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order relating to assessment year 2012-13. The assessee sought to withdraw the appeal to avoid litigation regarding the disallowance of depreciation on a non-compete fee.

What were the issues?

The primary issue was whether the assessee should be permitted to withdraw its appeal before the Tribunal.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH “A”, NEW DELHI

Before: SHRI H.S. SIDHU & SHRI N.K. BILLAIYA

For Appellant: Ms. Kimmi Dawar, CA

ORDER

PER H.S. SIDHU, JM

1.

The Assessee has filed this appeal against the order dated 29/12/2015 passed by the Ld. CIT(A)-I, New Delhi relating to assessment year 2012-13.

2.

At the time of hearing Ld. Counsel for the Assessee wants to withdraw the Appeal. In this regard, she filed an Application stating therein that “against the disallowance of depreciation of Rs. 1,16,25,000/- on non- complete fee, the assessee had filed an appeal before the Tribunal. It was also stated in the said application that the said disallowance was made by the revenue authorities in view of the decision of the Hon’ble Delhi High court in the case of Sharp Business Systems vs. CIT 211 Taxman 576 and in order to avoid litigation on the said issue and buy peace, the assessee wants to withdraw the said ground of appeal and requested to permit the assessee to withdraw the said ground of appeal for the year under consideration i.e. 2012-13.”

3.

Ld. Sr. DR did not object the request of the Ld. Counsel for the assessee.

4.

We have heard both the parties and perused the records. We find that at the time of hearing Ld. Counsel for the Assessee requested for withdrawal of Appeal by filing the Application, as aforesaid. Keeping in view of the facts and circumstances of the case, as aforesaid, we accept the aforesaid request of the assessee’s counsel for withdrawal of the Appeal and accordingly, we dismiss the Assessee’s Appeal as withdrawn.

5.

In the result, the appeal of the assessee stands dismissed.

Order pronounced on 21/02/2019.

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