RENCO DIAM PRIVATE LIMITED,SURAT vs. THE INCOME TAX OFFICER,WARD 2(1)(1), SURAT
What did the Tribunal hold?
The assessee submitted letters to withdraw the appeals as they were no longer desirous of pursuing the matter. The Tribunal recorded this submission.
What were the facts?
The assessee filed two appeals before the ITAT for Assessment Years 2016-17 and 2018-19. There was a delay of 177 days in filing these appeals.
What were the issues?
The primary issue was the assessee's request to withdraw their appeals before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: Shri T.R. Sentil Kumar & Shri Ratnesh Nandan Sahay
IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT (PHYSICAL HEARING) Before: Shri T.R. Sentil Kumar, Judicial Member And Shri Ratnesh Nandan Sahay, Accountant Member
ITA Nos: 1437 & 1438/SRT/2025 Asst. Years: 2016-17 & 2018-19
Renco Diam Pvt. Ltd. Income Tax Officer RMR&CO (Chartered Ward-2(1)(1), Accountant) B-203, Vs Surat Shri Hari Park, Near Centre Point Building Sangrampura, Surat Gujarat395003 (Respondent) PAN: AAHCR1014P (Appellant) Assessee Represented: None (Withdrawal Application) Revenue Represented: Ms. Neerja Sharma, Sr. D.R. Date of hearing : 05-05-2026 Date of pronouncement : 26-05-2026 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
These two appeals are filed by the Assessee as against separate appellate orders both dated 30.04.2025 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the reassessment order passed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2016-17 and 2018-19.
I.T.A Nos. 1437 & 1438//SRT/2025 A.Ys. 2016-17 & 2018-19 Page No 2 Renco Diam Pvt. Ltd. vs. ITO
The registry has noted that there is a delay of 177 days in filing the above appeals.
At the outset, Ld. Counsel for the assessee submitted vide letters dated 01-05-2026 and 02-05-2026 to withdraw the appeals filed by the assessee as follows:
“Subject: Intimation of Non-Prosecution of Appeal in the case of Ranco Diam Private Limited for Assessment Years – 2016-17 & 2018-19 Appeal Nos. ITA 1437 & 1438/SRT/2025 Respected Sir/Madam, This letter is submitted on behalf of Ranco Diam Private Limited, PAN: AAHCR1014P, concerning the appeal filed before your esteemed Tribunal for the Assessment Years 2016-17 & 2018-19. The details of the appeal are as follows: *Appellant: Ranco Diam Private Limited *Respondent: Income Tax Officer, Ward 2(1)(1), Surat *ITAT Appeal No.: ITA 1437 & 1438/SRT/2025 *Assessment Year: 2016-17 & 2018-19 *Date of Filing Appeal: 20/12/2025 We hereby wish to inform your Hon'ble Tribunal that the assessee, Ranco Diam Private Limited, does not intend to pursue the aforementioned appeal. The decision not to pursue this appeal has been taken because assessee is no longer desirous of pursuing the matter. We understand that the Income-tax Act, 1961, does not explicitly provide for the withdrawal of an appeal before the ITAT. However, in light of the assessee's decision not to press the appeal, we respectfully request your Honour to take this intimation on record and pass an appropriate order for the disposal of the appeal, considering it as not pressed or dismissed as withdrawn. We further confirm that a copy of this letter has been served upon the learned Departmental Representative.”
I.T.A Nos. 1437 & 1438//SRT/2025 A.Ys. 2016-17 & 2018-19 Page No 3 Renco Diam Pvt. Ltd. vs. ITO
Recording the same, both the appeals filed by the Assesse are hereby dismissed as withdrawn.
Order pronounced in the open court on 26-05-2026
Sd/- Sd/- (RATNESH NANDAN SAHAY) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat: Dated 26/05/2026 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Surat 6. Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, सूरत
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