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  1. Blog » Dismissal of DH Limited’s Appeal Against PR. CIT, Delhi for the Assessment Year 2017-18

Dismissal of DH Limited’s Appeal Against PR. CIT, Delhi for the Assessment Year 2017-18

Team Clearlaw  Team Clearlaw
Mar 19, 2024
Income Tax



Dismissal of DH Limited’s Appeal Against PR. CIT, Delhi for the Assessment Year 2017-18

Introduction

In a decisive turn of events at the Income Tax Appellate Tribunal, Delhi Bench ‘B’, an appeal filed by DH Limited for the assessment year 2017-18 was dismissed. The case, identified as ITA No.1026/Del/2022, saw the appellant, DH Limited, positioned against the respondent, the Principal Commissioner of Income Tax Circle-7(1), Delhi.

Background of the Case

The appellant, DH Limited, is a company based in New Delhi, with its concerns regarding the order of the Learned Principal Commissioner of Income Tax, Delhi-1, dated 16.03.2022 coming into scrutiny. The appeal highlighted the company’s contention with the assessments made for the year 2017-18.

Legal Proceedings

The appeal was brought before SHRI PRADIP KUMAR KEDIA, accountant member, and SHRI YOGESH KUMAR U.S., judicial member, of the Income Tax Appellate Tribunal. The proceedings began with an earnest discussion on whether the appeal, bearing significant implications for the appellant, should proceed.

Representing the appellant, Mr. Shrey Jain, an advocate well-versed in the complexities of income tax laws, made a persuasive argument for the appeal. On the other side, the respondent, represented by Ms. Nimisha Singh, CIT-DR, held a strong position against the withdrawal of the appeal.

Decision of the Tribunal

The tribunal heard the appeal on 05/07/2023, with the decision being pronounced on 10/07/2023. A pivotal moment in the hearing was when the appellant expressed a wish to withdraw the appeal, a move to which the respondent had no objection. This expression to withdraw led to a swift conclusion of the proceedings.

In the final judgment, the tribunal dismissed the appeal as withdrawn. This decision underscored the tribunal’s stance on such matters, emphasizing the finality of the withdrawal request by the appellant. The order, prominently documented and pronounced in open court, signified a closure to the case of ITA No.1026/Del/2022.

Conclusion

This case serves as a pivotal example within the legal framework of income tax appeals in India. The dismissal of DH Limited’s appeal against the Principal Commissioner of Income Tax, Delhi-1, for the assessment year 2017-18, reflects the tribunal’s dedication to upholding procedural integrity and the lawful settlement of tax disputes. The proceedings and ultimate dismissal further indicate the importance of substantial evidence and the serious consideration given by the tribunal to every case presented before it.

The analysis of this case extends beyond the immediate judgment, providing valuable insights into the procedural norms and legal precedents followed by the Income Tax Appellate Tribunal. For stakeholders in the legal and financial sectors, understanding the nuances of such cases is pivotal for navigating India’s complex tax litigation landscape.


Dismissal of DH Limited’s Appeal Against PR. CIT, Delhi for the Assessment Year 2017-18

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