What did the Tribunal hold?

The Tribunal considered the statement of the assessee's counsel and decided not to grant any adjournment. The appeal was treated as dismissed as withdrawn.

The assessee filed an appeal before the ITAT against the order of the CIT(A) for AY 2009-10. The assessee's counsel stated that the assessee no longer wished to pursue the appeal and wanted to withdraw it.

What were the issues?

Whether the assessee wishes to withdraw their appeal before the tribunal.

Shri Dhananjay Vallabhbhai Patel… vs ITO | ITAT Ahmedabad 2019

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI PRADIP KUMAR KEDIA

For Respondent: Shri Kamlesh Makwana, Sr.DR

Pronounced: 11/03/2019

आदेश / O R D E R

PER SHRI RAJPAL YADAV, JUDICIAL MEMBER : The Assessee is in appeal before us against the order of Ld.Commissioner of Income Tax(Appeals)-I, Baroda [‘CIT(A)’ in short] dated 28/11/2013 passed for Assessment Year (AY) 2009-10.

The ld.counsel for the assessee submitted at the bar that assessee does not want to pursue the appeal and wants to withdraw it. However,

ITA No.300 /Ahd/2014 Dhananjay Vallabhbhai Patel vs. ITO Asst.Year – 2009-10 - 2 - the letter from the assessee has not reached to the ld.counsel for the assessee. Therefore, he prayed an adjournment for two days.

Considering the statement of the ld.counsel for the assessee at bar, we do not wish to grant any adjournment but to treat this appeal dismissed as withdrawn.

In the result, the appeal of the assessee is dismissed. Order pronounced in the Court on 11th March-2019 at Ahmedabad.

Sd/- Sd/- ( PRADIP KUMAR KEDIA) ( RAJPAL YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER

Ahmedabad; Dated 11/ 03 /2019 ट�.सी.नायर, व.�न.स./T.C. NAIR, Sr. PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-I, Baroda �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad

SHRI DHANANJAY VALLABHBHAI PATEL,BARODA vs. THE INCOME TAX OFFICER, WARD-8(3), BARODA

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