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Income Tax Appellate Tribunal, [ DELHI BENCH “H” : DELHI ]
Before: SHRI CHALLA NAGENDRA PRASAD, & SHRI PRADIP KUMAR KEDIA
आदेश / O R D E R PER C. N. PRASAD, J. M. :
This appeal is filed by the assessee against the order of the ld. Pr. Commissioner of Income Tax, Faridabad, dated 16.03.2021 for assessment year 2016-17. 1
In spite of issue of notice none appeared on behalf of assessee when the appeal is listed for hearing today 8.02.2023. However, the counsel for the assessee filed petition on 26.12.2022 requesting for withdrawal of appeal as the Assessing Officer passed consequential order pursuant to order passed under section 263 of the Income Tax Act, 1961 (the Act) by the PCIT wherein the Assessing Officer did not levy penalty under section 271E and 271D of the Act for violation of provisions of section 269SS and 269T in view of the decision of the Hon’ble Supreme Court in the case of Adinath Builders (P) Ltd. [108 taxmann.com 57].
The ld. DR has no objection.
After considering the petition filed by the assessee and for the reasons therein the assessee is permitted to withdraw its appeal.
In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on : 08/02/2023.