This article provides a detailed account of the proceedings and final judgment of the Income Tax Appellate Tribunal (ITAT) Delhi in the case of ITA No. 1857/DEL/2020, where Aktivortho Private Limited, New Delhi, sought to withdraw its appeal against the ADIT CPC, Bangalore for the assessment year 2018-19.
Aktivortho Private Limited filed an appeal with the ITAT Delhi against the order passed by the Assistant Director of Income Tax, CPC, Bangalore under section 143(1) of the Income Tax Act, 1961. The appeal was related to the assessment year 2018-19 and was filed on November 12, 2020. The final order was pronounced on July 26, 2023.
The case was heard by the Delhi ‘A’ Bench of the Income Tax Appellate Tribunal, with Shri M. Balaganesh, Accountant Member, and Shri Anubhav Sharma, Judicial Member, presiding. The proceedings were conducted through video conferencing.
The appeal was filed against the order passed by the Assistant Director of Income Tax, CPC, Bangalore, dated February 17, 2020. The appeal raised issues regarding the disallowances made by the CPC, which were sustained by the Commissioner of Income Tax (Appeals)-I, New Delhi.
On July 24, 2023, Aktivortho Private Limited submitted a letter to the ITAT, requesting the withdrawal of its appeal. The letter cited a change in the company’s shareholding during the assessment year 2021-22, which affected the ability to carry forward and set off losses pertaining to the assessment years 2018-19 and 2019-20. Consequently, the company decided to withdraw the appeal.
For the sake of convenience, the letter dated July 24, 2023, is reproduced below:
To
Dated: 24/07/2023
The Hon’ ble Members, Bench A
Income Tax Appellate Tribunal
Lok Nayak Bhawan, Khan Market
New Delhi- 110 003In Re.: Ms Aktivortho Private Limited (‘the Appellant’ or ‘the Company’)
Assessment Year (AY) 2019-20 & 2018-19
PAN: AACC17588GSubject: ITA 1857/DEL/2020 & ITA 1858/DEL/2020
Respected Sir,
The captioned appeal has been filed by the Appellant before the Hon’ ble Bench of the Income Tax Appellate Tribunal.In this regard, it is respectfully submitted that the shareholding of the Company has changed during AY 2021-22. Consequently, the Company cannot carry forward and set off the losses pertaining to 2019-20 and 2018-19. Therefore, the appellant has decided to withdraw the captioned appeal before this Hon’ ble Bench.
Under these circumstances, the Appellant craves leave to withdraw the captioned appeal. We regret the inconvenience caused to you in this regard.
Yours Sincerely,
For and on behalf of M/s Aktivortho Private Limited
Aktivortho Private Limited.Sd/-
Authorized Signature.
The Senior Departmental Representative (DR), Mr. Kanv Bali, expressed no objection to the withdrawal of the appeals by the assessee. The tribunal accepted the withdrawal request and dismissed the appeal as withdrawn.
In view of the withdrawal request, the ITAT dismissed the appeals filed by Aktivortho Private Limited for the assessment years 2018-19 and 2019-20. The tribunal’s decision was pronounced in the open court on July 26, 2023.
Order pronounced in the open court on July 26, 2023.
Signed by:
Shri Anubhav Sharma, Judicial Member
Shri M. Balaganesh, Accountant Member
ITA No. 1857/DEL/2020 – Aktivortho Private Limited vs ADIT CPC, Bangalore: Appeal Withdrawal
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