Facts
The assessee filed an appeal against an order of the NFAC. During the proceedings, the assessee's counsel sought to withdraw the appeal.
Held
The Tribunal allowed the withdrawal of the appeal as the issue raised in the appeal had been resolved by an order passed by the CPC, Bengaluru under Section 154 of the Act.
Key Issues
Whether an appeal can be withdrawn if the subject matter has been resolved by a subsequent order of the CPC under Section 154 of the Act.
Sections Cited
154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,
Before: SHRI MAHAVIR SINGH & SHRI NAVEEN CHANDRA
This appeal by the assessee is directed against the order of the NFAC, Delhi dated 26.08.2024 for A.Y 2021-22.
At the very outset, the ld. counsel for the assessee filed an application dated 07.05.2025 seeking permission to withdraw the appeal filed by the assessee on the ground that the CPC, Bengaluru has passed an order under the provisions of section 154 of the Act allowing carried forward loss to the assessee, which is the only ground of appeal agitated by the assessee.
The ld. DR did not raise any objection.
Accordingly, the appeal is dismissed as withdrawn. dismissed as withdrawn.
Order pronounced in open court on 09.05.2025.