Case Number: ITA 847/DEL/2021
Appellant: Cactus Dealcom Pvt Ltd, New Delhi
Respondent: ITO WARD – 5(1), New Delhi
Assessment Year: 2008-09
Result: 2008-09
Case Filed on: 2021-07-12
Order Type: Final Tribunal Order
Date of Order: 2023-09-12
Pronounced on: 2023-09-12
This appeal was filed by Cactus Dealcom Pvt Ltd, a company based in New Delhi, against the order of the Commissioner of Income-tax for the assessment year 2008-09. The primary issue involved the assessment made by the Income-tax Officer (ITO), Ward – 5(1), New Delhi.
The case was heard by the Delhi ‘H’ Bench of the Income Tax Appellate Tribunal (ITAT), with Shri Shamim Yahya, Accountant Member, and Ms. Astha Chandra, Judicial Member, presiding over the matter. The hearing was held on 12.09.2023, and the order was pronounced on the same day.
At the outset, it was noted that the appellant, Cactus Dealcom Pvt Ltd, had filed two appeals – one at the Kolkata Bench and another at the Delhi Bench of the ITAT. During the proceedings, the appellant’s counsel, Shri Shashwat Patwa, submitted that a decision had already been issued by the Kolkata Bench of the Tribunal regarding the same matter. A copy of this decision was placed on record.
Given the issuance of the decision by the Kolkata Bench, the appellant sought to withdraw the appeal filed at the Delhi Bench. The Departmental Representative, Ms. Sapna Bhatia, CIT DR, raised no objections to the withdrawal of the appeal.
In view of the above, the Tribunal permitted the withdrawal of the appeal. Consequently, the appeal filed by Cactus Dealcom Pvt Ltd was dismissed as withdrawn.
The order pronounced in the open court on 12th September 2023 was as follows:
Order pronounced in the open court on 12th September 2023 after the conclusion of the hearing.
Sd/- (ASTHA CHANDRA)
JUDICIAL MEMBER
Sd/- (SHAMIM YAHYA)
ACCOUNTANT MEMBER
Date: 12th September 2023
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR: ITAT
Assistant Registrar, ITAT, New Delhi
Cactus Dealcom Pvt Ltd vs ITO: Appeal Withdrawal Due to Prior Decision – Final Tribunal Order
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