What did the Tribunal hold?

The assessee requested to withdraw its appeals, stating that the appellate authority's order was based on a Supreme Court judgment unfavorable to the assessee. The Revenue had no objection.

The assessee filed two appeals before the ITAT for AY 2018-19 and 2019-20. The assessee subsequently filed applications to withdraw these appeals.

What were the issues?

The primary issue was whether the assessee's request for withdrawal of appeals should be granted.

Shankar Equipments Limited vs DCIT | ITAT Patna 2023

Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Dr. Manish Borad

Heard together (2 matters)

ITA No. 65/PAT/2021

I.T.A. No. 77/PAT/2021

Read from the judgment's own cause title. This page is filed under one of them.

Per Rajpal Yadav, Vice-President (KZ):- The present two appeals are directed at the instance of assessee against the separate orders of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 02.07.2021 and 26.08.2021 passed for Assessment Year 2018-19 and 2019-20.

The assessee has moved verbatim same application in both the appeals. Thus the application in Hon'ble Patna Bench of Income Tax Appellate Tribunal, Patna Sirs, In the matter of I.T. Appeal No. ITA 65/Pat/2021 for the A.Y.: 2018-19 of Shankar Equipments Limited fPAN- AAICS6246A1. Sub: Application for withdrawal of above Appeal. With due respect the undersigned appellant like to withdraw its appeal in the matter of I.T. Appeal No ITA 65/Pat/2021 for the assessment year 2018-19 of Shankar Equipments Limited as the order of first appellate authority is based on judgment of Honorable Supreme Court in the case of Checkmate Facility & Electronic Solutions (P.) Ltd Vs Dy. CIT Tax Appeal No 1256 of 2018 and therefore unless & until another judgment in favour of assessee is not delivered by the Honorable Supreme Court of India, appellant's appeal has no merit, as such the undersigned appellant propose to withdraw its appeal which is fixed for hearing on 1st day of June, 2023.

(A.Y. 2018-2019) A.Y. 2019-2020) Shankar Equipments Limited Under these circumstances, the undersigned appellant request your honour to issue necessary direction/order to confirm the withdrawal of the above pending appeal. And for that the appellant assessee shall remain ever obliged. With Regards, For: Shankar Equipments Limited Sd/- Place: Patna Date: 26.05.2023 [CA. S.C.Sannigrahi, FCA] A.R.

By way of the above application, the assessee prayed for withdrawal of its appeals. The ld. D.R. has no objection. Accordingly these appeals are dismissed as withdrawn.

In the result, both the appeals of the assessee are dismissed. Order pronounced in the open Court on 05.06.2023.

SHANKAR EQUIPMENTS LIMITED,PATNA vs. DCIT,CPC, BANGALORE

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