The Income Tax Appellate Tribunal (ITAT) Delhi’s decision in the case numbered ITA 982/DEL/2022, involving an appeal filed by the late Sh. Krishan Kumar Mittal through his legal heir Smt. Kamlesh Mittal against the Assistant Commissioner of Income Tax (ACIT), Central Circle-20, Delhi, marks a significant narrative in tax litigation for the assessment year 2018-19. This comprehensive analysis seeks to offer an insightful overview of the case proceedings, arguments, and the consequential dismissal pronounced on May 16, 2023.
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Initially, the appellant filed an appeal against the order dated March 14, 2022, by the learned Commissioner of Income Tax (Appeals) -27, New Delhi, which fundamentally granted the appellant full relief by quashing the assessment order. This action prompted the appellant, upon counsel’s advice, to consider withdrawing the appeal citing its redundancy post the granting of relief.
A letter seeking withdrawal was submitted to the tribunal, which was duly recognized and recorded. The Departmental Representative presented no objection to the withdrawal request, thereby allowing the tribunal to consent to the dismissal of the appeal as withdrawn.
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The dismissal of ITA No. 982/DEL/2022 as withdrawn portrays a crucial legal precedent in the realm of income tax appeals. The meticulous proceedings leading to the withdrawal highlight the intricate balancing act between legal formalities, strategic case management, and the overarching principles of justice and fair play.
The case not only reflects the nuanced dynamics of tax litigation but also serves as a reference point for similar future litigations, emphasizing the importance of adjudicatory judgement in aligning with the principles of equity, fairness, and procedural propriety.
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Comprehensive Analysis: Dismissal of Income Tax Appeal Case ITA 982/DEL/2022
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