Case Number: ITA 667/DEL/2021
Appellant: Remarkable Consumer Electronics Private Limited, New Delhi
Respondent: Pr. CIT-7, New Delhi
Assessment Year: 2015-16
Case Filed On: 2021-06-09
Order Type: Final Tribunal Order
Date of Order: 2022-04-05
Pronounced On: 2022-04-05
The case of Remarkable Consumer Electronics Pvt. Ltd. vs. Pr. CIT revolved around an appeal filed by the appellant against the Principal Commissioner of Income Tax (Pr. CIT)-7, New Delhi, for the assessment year 2015-16. The appellant challenged the order under Section 263 of the Income Tax Act, 1961, dated 29.09.2017. However, the appeal was withdrawn by the appellant before the hearing could take place.
Appellant: Remarkable Consumer Electronics Private Limited is a company based in New Delhi, operating in the consumer electronics sector. The company had filed an appeal against the order passed by Pr. CIT-7, New Delhi, concerning the assessment year 2015-16.
Respondent: The Principal Commissioner of Income Tax (Pr. CIT)-7, New Delhi, was the respondent in this case.
The appeal was filed by Remarkable Consumer Electronics Pvt. Ltd. challenging the order issued under Section 263 of the Income Tax Act, 1961. The Section 263 order generally involves the revision of an assessment by the Pr. CIT if they find that the assessment order passed by the Assessing Officer is erroneous and prejudicial to the interests of the revenue. The specific grounds on which the appellant filed the appeal were not detailed in the available documents.
The appeal, registered as ITA No. 667/DEL/2021, was scheduled for hearing before the Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘E’ on April 5, 2022. The bench consisted of Shri Challa Nagendra Prasad, Judicial Member, and Shri Pradip Kumar Kedia, Accountant Member.
On April 2, 2022, the appellant, through their counsel Shri Rahul Chourasiya, CA, submitted a letter to the Assistant Registrar of ITAT, New Delhi. In the letter, the appellant expressed their intention to withdraw the appeal. The letter stated:
“Most respectfully, it is prayed that the Appellant Company wishes not to pursue appeal no. ITA No. 667/Del/2021, which has been fixed for hearing on 05th April 2022. As such, your Honour’s may kindly permit to withdraw the appeal vide ITA No. 667/Del/2021 which is pending adjudication before the Hon’ble E Bench, Income Tax Appellate Tribunal, New Delhi.”
The letter was signed by Surender Kumar, CA, Counsel of the Appellant Company.
The respondent, represented by Ms. Sarita Kumar, CIT DR, did not raise any serious objections to the appellant’s request to withdraw the appeal.
Considering the submissions from both the appellant and the respondent, the ITAT bench allowed the appellant to withdraw the appeal. The order stated:
“Considering the submissions of the Ld. Counsel/assessee, we permit the assessee to withdraw its appeal. Accordingly, the appeal is dismissed as withdrawn.”
The appeal filed by Remarkable Consumer Electronics Pvt. Ltd. against the order of Pr. CIT-7, New Delhi, for the assessment year 2015-16 was withdrawn by the appellant. The tribunal permitted the withdrawal, and the appeal was dismissed accordingly. This case underscores the procedural aspects of handling appeals within the Income Tax Appellate Tribunal and the appellant’s prerogative to withdraw an appeal if they choose not to pursue it further.
Income Tax Appellate Tribunal, Delhi Bench ‘E’, New Delhi
Before: Shri Challa Nagendra Prasad, Judicial Member, and Shri Pradip Kumar Kedia, Accountant Member
Order:
This appeal by the assessee has been directed against the order u/s 263 of the Income Tax Act, 1961 dated 29.09.2017 for AY 2015-16. At the time of hearing, the Ld. Counsel for the assessee furnished a letter dated 02.04.2022 stating that the assessee wants to withdraw the appeal for the reasons mentioned in the letter. The contents of the letter are as under:
Date: 02.04.2022
The Assistant Registrar
Income Tax Appellate Tribunal
Bench E
New Delhi.
Sub: Request for permission to withdraw appeal vide ITA No. 667/Del/2021 in the case of M/s Remarkable Consumer Electronics Pvt. Ltd. (AY 2015-16)
Sir,
Most respectfully, it is prayed that the Appellant Company wishes not to pursue appeal no. ITA No. 667/Del/2021, which has been fixed for hearing on 05th April 2022. As such, your Honour’s may kindly permit to withdraw the appeal vide ITA No. 667/Del/2021 which is pending adjudication before the Hon’ble E Bench, Income Tax Appellate Tribunal, New Delhi.
Thanking you,
Yours faithfully,
Sd/-
(SURENDER KUMAR)
CA
COUNSEL OF THE APPELLANT COMPANY
The Ld. DR has no serious objection in assessee’s withdrawing its appeal. Considering the submissions of the Ld. Counsel/assessee, we permit the assessee to withdraw its appeal. Accordingly, the appeal is dismissed as withdrawn. In the result, the appeal is dismissed as withdrawn.
Order pronounced in the open court on 05/04/2022
Signed:
Pradip Kumar Kedia, Accountant Member
C.N. Prasad, Judicial Member
Dated: 05.04.2022
*Kavita Arora, Sr. P.S.
Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT.
By order
Assistant Registrar, ITAT: Delhi Benches-Delhi
Remarkable Consumer Electronics Pvt. Ltd. vs. Pr. CIT: Withdrawal of Appeal, 2022
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform