Case Number: ITA 1067/DEL/2021
Appellant: NADISH REAL ESTATE PRIVATE LIMITED, Gurugram
Respondent: PCIT-4, Delhi
Assessment Year: 2011-12
Case Filed On: 2021-09-07
Order Type: Final Tribunal Order
Date of Order: 2022-12-28
Pronounced On: 2022-12-28
This case involves an appeal filed by Nadish Real Estate Private Limited against the Principal Commissioner of Income Tax (PCIT), Delhi. The appeal was directed against an order passed under Section 263 of the Income Tax Act for the assessment year 2011-12.
The case was heard by the Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘E’, comprising Shri Shamim Yahya (Accountant Member) and Shri Narender Kumar Choudhry (Judicial Member). The primary issue in this case was the withdrawal of the appeal by Nadish Real Estate Private Limited.
The appellant, represented by Sh. Rajat Garg, CA, submitted that the Assessing Officer (AO) had accepted the return of income filed by the assessee in pursuance of the order passed under Section 263 of the Act. Consequently, there was no surviving dispute, and the appellant sought permission to withdraw the appeal. A petition dated December 28, 2022, was also submitted to this effect.
The respondent, represented by Ms. Sunita Verma, CIT-DR, raised no objections to the appellant’s request to withdraw the appeal.
Upon careful consideration and noting the absence of any objections from the respondent, the tribunal permitted the withdrawal of the appeal. As a result, the appeal filed by Nadish Real Estate Private Limited was dismissed as withdrawn.
The tribunal’s decision was pronounced in the open court on December 28, 2022. The order was documented and signed by both members of the bench. The detailed order processing timeline is as follows:
The tribunal’s order to dismiss the appeal as withdrawn reflects the appellant’s decision to not pursue the case further, given that the Assessing Officer had accepted the return of income. This outcome highlights the procedural aspects of tax litigation and the possibility for appellants to withdraw their cases under certain circumstances.
The appeal of Nadish Real Estate Private Limited was dismissed, underscoring the finality of the acceptance of the return of income by the Assessing Officer in compliance with the order under Section 263.
Order Pronounced: December 28, 2022
By: Shri Shamim Yahya (Accountant Member) and Shri Narender Kumar Choudhry (Judicial Member)
Source: Income Tax Appellate Tribunal, Delhi Bench ‘E’, New Delhi
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