DARCL LOGISTICS LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 697/DEL/2016Status: DisposedITAT Delhi18 January 2018AY 2012-134 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 due to the small amount involved and in light of the Department's dismissed appeal.

What were the facts?

The assessee filed an appeal against a disallowance under Section 14A, which was partly confirmed by the CIT(A). The Department had also filed an appeal which was dismissed.

What were the issues?

Whether the assessee's appeal should be withdrawn based on the small amount involved and the outcome of the Department's appeal.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

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

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

ORDER

PER H.S. SIDHU, JM

1.

The Assessee has filed this appeal against the order dated 17/12/2015 passed by the Ld. CIT(A)-3, New Delhi relating to assessment year 2012-13.

2.

During the hearing, Mr. Prakash Agarwalla, Vice President/Authorised Signatory of the assessee company has sought permission to withdraw the by filing the Application dated 05.12.2017. The contents of the aforesaid Application dated 05.12.2017 read as under:-

“This is with reference to the captioned matter which is currently pending before the Hon’ble F Bench of the Income Tax Appellate Tribunal (ITAT).

By way of this letter, the assessee make request of withdrawal of captioned appeal and fixation thereof. It is submitted that the captioned appeal is filed against disallowance under section 14A of the Act partly confirmed by the Ld. CIT(A).

The CIT(A) in its order directed the AO to make disallowance only to the extent of dividend received during the year. The Department being aggrieved, filed an appeal vide Appeal No. 979/Del/2016. The said appeal filed by the Department has recently been dismissed by the Hon’ble B Bench vide order dated 15.11.2017. A copy of the order passed by the Hon’ble B Bench of the ITAT is attached herewith for your Honour’s kind reference as Annexure-1.

In such circumstances, the Company wishes to withdraw its appeal filed vide appeal number 679/Del/2016 due to smallness of amount involved in the captioned appeal i.e. INR 46,636 and also in light of the order passed by the Hon’ble B Bench of the ITAT in Department’s appeal.

We trust that your honour would accede to our request.” 2

3.

Ld. DR has not raised any objection to the aforesaid contention made in the Application of the assessee’s authorized signatory.

4.

We have the Ld. DR perused the records, especially the Application dated 05.12.2017 filed by Mr. Prakash Agarwalla, Vice President/Authorised Signatory of the Assessee for withdrawal of appeal. Keeping in view of the facts and circumstances of the case, we accept the aforesaid request of the assessee for withdrawal of the Appeal and accordingly, we dismiss Appeal as withdrawn.

5.

In the result, the appeal of the Assessee is dismissed.

Order pronounced in the Open Court on 18/01/2018.

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