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Facts
The assessee filed an appeal challenging a reassessment notice under Section 147 and the disallowance of standard deduction under Section 24a for AY 2012-13. Later, the assessee requested to withdraw this appeal, stating it was a duplicate filing of an appeal already being heard by another bench of the Tribunal.
Held
The Tribunal found the assessee's withdrawal request to be cogent, accepting it and dismissing the appeal as withdrawn.
Key Issues
Whether the reassessment notice under Section 147 was valid and whether the disallowance of standard deduction under Section 24a was justified; and the withdrawal of a duplicate appeal.
Sections Cited
Section 250, Section 147, Section 24a
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Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI
Before: SHRI. BR BASKARAN & SHRI. RAJ KUMAR CHAUHAN
O R D E R PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the order dated 13.02.2024 of Learned Commissioner of Income Tax (Appeals), 56, Mumbai [hereinafter referred to
The assessee is in appeal before us and has raised following grounds:
1. Ground 1:- Validity of Notice u/s 147 of the IT Act, 1961 does not hold ground because there is no fresh material on record that the assessing officer has obtained to warrant re-opening of the assessment. The notice for re-assessment proceedings u/s 147 of the IT Act, 1961, for AY 2012-13 was merely based on change of opinion of the learned assessing officer.
2. Ground 2:- Income of Rs. 10,63,833 was assessed under the head Income from Other Sources which formed part of Income from House Property in assesses original return of income and consequently standard deduction u/s 24a of the Income Tax Act 1961, was disallowed. The learned CIT (Appeals) has erroneously confirmed the additions made by the assessing officer amounting to Rs. 3,19,150 on account of such disallowance.
3. Assessee vide its letter dated 29.08.2024 prayed for withdrawal of appeal in A.Y.2012-13. For the sake of convenience, we are reproducing the contents of the said Application as under: - 1. “Our client had preferred an Appeal before Hon'ble Income Tax Appellate Tribunal against order passed Dalu Vasu Hiranandani; A.Y. 2012-13 by the Commissioner of Income Tax (Appeals) for AY 2012-13 on the ITAT E-Portal.
2. After the appeal was preferred online, the documents were physically submitted on 12-04-2024.
3. The hearing of the case was fixed for 16-07-2024 before the Hon'ble H Bench (Appeal number ITA 1788/MUM/2024), and on request, was adjourned by the Hon'ble Bench to 23-09-2024. This information was also duly updated on the online portal.
However, our client recently received an email indicating that the next hearing is scheduled for 04- 09-2024 under appeal number ITA 1850/MUM/2024 at D Bench.
Upon enquiry at the Office of the Hon'ble Tribunal, we were informed that the physical submissions were erroneously treated as a separate appeal and hence was fixed for hearing before the Hon'ble D Bench under appeal number ITA 1850/MUM/2024.
Since the said case was being heard by the Hon'ble H Bench, we request that the duplicate, appeal number ITA 1850/MUM/2024 before the Hon'ble D Bench be withdrawn.”
None appeared on behalf of the assessee. We have heard the Ld. DR on behalf of the revenue. The Ld. DR has not raised any objection to the withdrawal of this appeal.
Dalu Vasu Hiranandani; A.Y. 2012-13 5. We find considerable cogency in the contents of Assessee’s application as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.
In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 23.10.2024 Sd/- Sd/- (BR BASKARAN) (RAJ KUMAR CHAUHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Mumbai / Dated 23.10.2024 Karishma J. Pawar, (Stenographer) Copy of the Order forwarded to:
1. 1. The Appellant 2. The Respondent.
3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// (Asstt. Registrar) ITAT, Mumbai