YESPAY IT SERVICES (I) PVT. LTD. vs. DCIT, NEW DELHI

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ITA 6195/DEL/2015Status: DisposedITAT Delhi09 March 2017AY 2010-112 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 assessee informed the Tribunal that they wished to withdraw the appeal as the demand had been paid. The Tribunal allowed the withdrawal.

What were the facts?

The assessee filed a return declaring a loss, but was assessed with a higher income. A penalty was imposed under Section 271(1)(c), which was upheld by the CIT(A). The assessee then filed an appeal before the ITAT.

What were the issues?

Whether the assessee's appeal against the penalty order should be allowed to be withdrawn.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SH. KULDIP SINGH & SH.ANADEE NATH MISSHRA

Hearing: 07.03.2017Pronounced: 09.03.2017

PER ANADEE NATH MISSHRA, ACCOUNTANT MEMBER

The present appeal has been filed by the assessee assailing the correctness of the order dated 21.08.2015 of CIT(A)-44, New Delhi pertaining to 2010-11 assessment year. The assessee submitted as under:-

1.

“The Appellant filed its return of income on September 17, 2010 declaring a loss of Rs.6,41,218 under the provisions of Income Tax Act, 1961 (“The Act”).

2. The aforesaid return was selected for scrutiny assessment and an order dated March 30, 2013 was passed by the Income Tax Officer, Ward 18(4), New Delhi (“ITO”) under section 143(3) of the Act assessing the income of the Appellant at Rs.17,30,910. 3. Consequently, the penalty proceedings were initiated by the ITO and an order was passed under section 271(1)(c) of the Act imposing a penalty of Rs.7,46,534. 4. Being aggrieved, the Appellant preferred an appeal against the aforesaid order before Commissioner of Income Tax (Appeals) [‘CIT(A)’]. However, the appeal was dismissed by the CIT(A). 5. Subsequently, the Appellant preferred an appeal before your office. Copy of the acknowledgement is enclosed as Annexure 1. However, the Appellant has decided to withdraw the appeal and has already paid the demand as raised in aforesaid order. Proof for payment is enclosed as Annexure 2.”

2.

The assessee filed return of income on 17.09.2010 declaring an income of Rs.6,41,218/-. The return was selected for scrutiny assessment and order dated 30.03.2013 was passed by the AO u/s 143(3) of the Income Tax Act, 1961 (In short “Act”) wherein income of the assessee was assessed at Rs.17,30,910/-. Subsequently, an order u/s 271(1)(c) of the Act dated 25.09.2013 was passed, imposing a penalty of Rs.7,46,534/-. The assessee filed

I.T.A .No.-6195/Del/2015 YesPay IT Services India Pvt.Ltd. vs DCIT

Page 2 of 2 appeal against the aforesaid order dated 25.09.2013 before the Ld.CIT(A). The aforesaid appeal of the assessee was dismissed by the Ld.CIT(A) vide order dated 21.08.2015. The present appeal was filed by the assessee against the aforesaid order dated 21.08.2015 of CIT(A). The assessee vide letter dated 09.11.2016 has informed that he, the assessee has decided to withdraw the appeal and has already paid the demand. In this letter, the assessee further requested to take these facts on record and to allow the assessee to withdraw the appeal. 3. At the time of hearing before us, the Ld. Sr. DR did not express any objection against withdraw of the appeal by the assessee. Accordingly, we allow the assessee to withdraw the appeal. The appeal is dismissed being not pressed and withdrawn by the assessee.

4.

In the result, the appeal of the assessee is dismissed. The order is pronounced in the open court on 09th of March 2017. Sd/- Sd/- (KULDIP SINGH) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:-9th March, 2017 *Amit Kumar* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

I.T.A .No.-6195/Del/2015 YesPay IT Services India Pvt.Ltd. vs DCIT

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