CAPIQAL CONSULTANCY SERVICE PRIVATE LIMITED,PANVEL MUMBAI vs. DCIT, PANVEL

PDF · subscribers
ITA 178/PUN/2024Status: DisposedITAT Pune26 June 2024AY 2018-2019Bench: SHRI R.K. PANDA (Vice President), MS. ASTHA CHANDRA (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 Tribunal considered the assessee's request to withdraw the appeal. Since the Department had no objection, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2018-19. The assessee later sought to withdraw the appeal, stating that a similar appeal was filed and heard before the ITAT Mumbai.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to a pending similar appeal before another bench of the tribunal.

Which sections of the Income-tax Act were involved?

Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA

For Respondent: Shri Pawan Bharati

आदेश / ORDER

PER ASTHA CHANDRA, JM :

1.

The appeal filed by the assessee is directed against the order dated 12.01.2024 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”] pertaining to Assessment Year (“AY”) 2018-19.

2.

The assessee has taken the following grounds:-

“1. The Learned Commissioner of Income Tax-Appeal has erred in law and in fact in making addition of "Sundry Balance Written Off" is disallowed and amounting to Rs.90,61,282/-. Your appellant prays that the addition of Rs.90,61,282/- shall be deleted.

2. The Learned Commissioner of Income Tax-Appeal has erred in law and in fact in making addition of Interest received amounting to Rs.28,28,014/-. Your appellant prays that addition of Rs.28,28,014/- made on account of interest on loans shall be deleted.

3.

On the facts and the circumstances of the case, the learned Assessing Officer erred in initiating the penalty proceedings under section 270A of the Act." Your appellant prays that the initiation of penalty proceedings under section 270A of the Act made by learned AO shall be dropped.

4. Your Appellant craves leave to add, amend, alter, change or cancel any of the above grounds of appeal on or before the date of hearing.”

3. Vide letter dated June 17, 2024 addressed to the Registry, the assessee sought to withdraw the appeal on the ground that the assessee has filed the appeal with Mumbai, ITAT which is duly registered and heard on 28th May, 2024.

4.

The appeal before us came up for hearing on 20th June, 2024. None was present for the assessee. However, Shri Pawan Bharati attended for the Department.

5.

Having regard to the application moved by the assessee for withdrawal of the appeal for which the Ld. DR had no objection, we hereby dismiss the appeal as withdrawn.

6.

In the result, the appeal of assessee is dismissed.

Order pronounced in the open court on 26th June, 2024.

More judgments on Section 270A

All 4,156 judgments and leading authorities on Section 270A →

Recent GST High Court judgments

Search GST case law →