RAJYALAKSHMI GILLELLA, YERRAGUNTLA,KADAPA vs. ITO, WARD-1, PRODDUTUR, KADAPA

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ITA 879/HYD/2017Status: DisposedITAT Hyderabad18 March 2021AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal as the assessee had obtained relief on merits in consequential proceedings. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under Section 263. The assessee subsequently sought to withdraw the appeal.

What were the issues?

Whether the assessee should be allowed to withdraw the appeal after obtaining relief in consequential proceedings.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

For Appellant: Shri Phanendra Susarla
For Respondent: Shri Sunil Kumar Pandey, DR
Hearing: 16/03/2021Pronounced: 18/03/2021

This appeal is filed by the assessee against the order of the Ld. Principal Commissioner of Income Tax, Kurnool, dated 15/03/2017 passed U/s. 263 of the Act for the A.Y. 2009-10.

2.

At the outset, the Ld. AR for the assessee placed before us letter dated 11/03/2021 and submitted that the assessee got relief on merits in the consequential proceedings that ensued pursuant to the order passed which is impugned in the present appeal. Therefore, the assessee desires to withdraw her present appeal. The relevant portion from the assessee’s letter (supra) is extracted herein below for reference:-

The above appeal is filed against the order dated 15/03/2017 passed by the Ld. Pr. CIT exercising jurisdiction under section 263 of the Income Tax Act, 1961. The appellant got relief on merits in the consequential proceedings that ensued pursuant to the order passed which is impugned in the present appeal. In view of the above, the appellant desires to withdraw her present appeal. It is prayed that the Hon’ble Tribunal many be pleased to allow the appellant to withdraw appeal and oblige.”

3.

On perusal of the letter dated 11/03/2021 filed by the assessee seeking permission to withdraw her present appeal and also considering the Learned Departmental Representative’s no objection on this regard, we permit the assessee to withdraw her appeal.

4.

In the result, appeal filed by the assessee is dismissed as withdrawn. Pronounced in the open Court on 18th March, 2021.

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