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Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI
Before: MS. SUCHITRA KAMBLE & SHRI ANADEE NATH MISSHRA
This appeal by the Assessee is filed against the order of Learned Principal Commissioner of Income Tax, Ghaziabad, [“Ld. PCIT”, for short] dated 30.03.2016 for Assessment Year 2011-12. The grounds of appeal are as under:
“1. On the facts and in the circumstances of the case and in law, the Ld. Principal CIT has erred in passing order u/s 263 of Income Tax Act. The action of Principal CIT is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed. 2. On the facts and in the circumstances of the case and in law the Ld. Principal CIT has erred in initiating action u/s 263 on the basis of proposal made by the AO, instead of recording his own satisfaction on Page 1 of 3 ITA No.- 2664/Del/2016. Rakesh Kumar Mittal. the matter. Therefore, the proceedings initiated u/s 263 are bad at law. Therefore, the action of Ld. Principal CIT is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.
On the facts and in the circumstances of the case and in law order u/s 263 passed by Ld. Principal CIT had become time barred. Therefore, the action of Ld. Principal CIT is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.
The appellant craves the right to add/alter/amend delete all or any of ground appeals before or at the time of hearing.
(2) At the time of hearing before us, Ld. Counsel for Assessee informed that the Assessee did not wish to press this appeal; and that the assessee wished to withdraw this appeal. A written petition dated 30.01.2019 was also filed by Ld. Counsel for Assessee, at the time of hearing, seeking to withdraw the appeal. The Ld. Sr.
Departmental Representative (“DR”, for short) did not object to withdrawal of the appeal by Assessee. Accordingly, the appeal is dismissed as withdrawn and not pressed.
(3) In the result, appeal of the Assessee is dismissed.
Order pronounced in the open court on 05th day of February, 2019.