BINA BHAUMIC,KOLKATA vs. ITO, WARD 1(1)(2), INTERNATIONAL TAXATION, NEW DELHI

PDF · subscribers

ITA 1539/DEL/2023Status: DisposedITAT Delhi06 June 2024AY 2016-17Bench: Dr. BRR KUMAR, ACCOUNTANT MEMBER SHRI SUDHIR PAREEK (Judicial Member)2 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 Income Tax Appellate Tribunal (ITAT) noted that the assessee's counsel desired to withdraw the appeal and the Departmental Representative had no objection. Consequently, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against the order of the Ld. CIT(A) for Assessment Year 2016-17, challenging, among other things, the assessment order under Section 143(3), the disallowance of indexed cost of acquisition in capital gain calculation, and denial of reasonable opportunity. During the hearing, the assessee's counsel sought to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee should be dismissed as withdrawn based on the assessee's request.

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 BENCH: ‘D’: NEW DELHI

Before: Dr. BRR KUMARSHRI SUDHIR PAREEK

For Appellant: Ms. Saswati Mitra Dutta, Adv

For Respondent: Shri Mithun N Shate, Sr. DR

Hearing: 30.05.2024Pronounced: 06.06.2024

ITA No.- 1539/Del/2023 Bina Bhaumik IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘D’: NEW DELHI) BEFORE Dr. BRR KUMAR, ACCOUNTANT MEMBER SHRI SUDHIR PAREEK, JUDICIAL MEMBER ITA No:- 1539/Del/2023 (Assessment Year- 2016-17) Bina Bhaumik, ITO, 9, Weston Street, Siddha Weston Vs. WD. INT. Tax 1(1)(2), 1st Floor, R. No. 118, Delhi. Kolkata-70013 PAN No: CGCPB1609N APPELLANT RESPONDENT Assessee by : Ms. Saswati Mitra Dutta, Adv. Revenue by : Shri Mithun N Shate, Sr. DR Date of Hearing : 30.05.2024 Date of Pronouncement : 06.06.2024 ORDER

PER DR. BRR KUMAR, AM

The instant appeal preferred by the assessee against the order dated 03.03.2022 passed by the Learned Commissioner of Income Tax (Appeal), Delhi- 42 [hereinafter referred to as the ‘Ld. CIT(A)] pertaining to Assessment Year 2016-17.

ITA No.- 1539/Del/2023 Bina Bhaumik 2. The assessee has raised the following grounds of appeal:

“1. For that Assessment Order U/s. 143.3 of the Income-tax Act, 1961 on dated 22/12/2018 is illegal and void ab initio.

For that the Ld. A.O did not allow the index cost of acquisition of the immovable property during the calculation of Capital Gain.

3. For that the calculation of Long Term Capital Gain on sale of immovable property amounting to Rs. 7450000.00 is bad in law and illegal.

4. For that the addition made by the Ld. A.O. amount of Rs. 7450000.00 is unjust for.

For that on the facts of the case, the Order passed by the Ld. C.I.T.(Α), Delhi-42 on 03/03/2022 is completely arbitrary, unjustified and illegal as the assessee was denied of the reasonable opportunity to represent the matter. Therefore, natural justice is violated.

For that your petitioner prays to place any other additional ground or grounds before the disposal of the aforesaid appeal petit.”

The Ld. Counsel for the assessee submitted that, they are not inclined to prosecute the appeal anymore and would like to withdraw the appeal.

The Ld. DR has not objected to the withdrawal. Hence, the appeal of the assessee is dismissed as withdrawn.

Recent GST High Court judgments

Search GST case law →