VIRENDER SINGH,NEW DELHI vs. ACIT, CIRCLE- 4(1), GURGAON

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ITA 1324/DEL/2020Status: DisposedITAT Delhi03 April 2023AY 2010-113 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's counsel, with the assessee's instructions, stated that they did not wish to pursue the appeal. The Departmental Representative had no objection to this request.

What were the facts?

The assessee filed an appeal against an order passed by the CIT under Section 263 of the Income Tax Act, 1961. The CIT had held the assessment order to be erroneous and prejudicial to the revenue's interest.

What were the issues?

The primary issue was whether the CIT had correctly assumed jurisdiction under Section 263 and if the assessment order was indeed erroneous and prejudicial to the revenue. However, the appeal was withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 147,Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “H”: NEW DELHI

Before: SHRI KUL BHARAT & SHRI M. BALAGANESH

For Appellant: Adv. Ms. Sapna Bhatia, CIT-DR
Hearing: 03.04.2023Pronounced: 03.04.2023

This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax, Gurgaon, dated 16.03.2020 passed u/s 263 of the Income-tax Act, 1961, pertaining to the assessment year 2010-11. The assessee has raised following grounds of appeal:

“1. That having regard to facts & circumstances of the case, Ld. CIT has erred in law and on facts in assuming jurisdiction u/s 263 of Income Tax Act, 1961 and has erred in holding the assessment order passed u/s 147/143(3) dated 14-11-2017 as erroneous and prejudicial to the interest of revenue on the ground that penalty proceedings were not initiated by AO while passing the above said assessment order.

2.

That having regard to facts & circumstances of the case, Ld. CIT has erred in law and on facts in setting aside the assessment order dated 14-11- 2017 passed by Ld. AO u/s 147/143(3) and restored to the AO for making fresh assessment with direction to initiate penalty proceedings u/s 271(l)(c) and that too by recording incorrect facts and findings and without observing the principles of natural justice.

3. That in any case and in any view of the matter, action Ld. CIT in passing the impugned order u/s 263 which is bad in law and against the facts and circumstances of the case and is in violation of principles of natural justice and without appreciating/considering the submissions of assessee.

4. That the appellant craves the leave to add, amend, modify, delete any of the grounds of appeal before or at the time of hearing and all the above grounds are without prejudice to each other.”

2. At the out set learned counsel for the assessee, under the instruction of the assessee, stated that the assessee does not wish to pursue the instant appeal and accordingly prayed that the assessee may be permitted to withdraw the appeal.

3.

Learned D.R. raised no objection to the request made on behalf of the assessee for withdrawal of the appeal.

4.

In view of the statement made at Bar by the learned counsel for the assessee, under the instruction of the assessee, as also there being no objection from the learned DR, the assessee is permitted withdraw the instant appeal.

5.

Appeal of the assessee stands dismissed as withdrawn.

Order pronounced in open court during the course of hearing on 03.04.2023.

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