S.G. INFRAPROMOTERS PVT. LTD.,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-3, LUCKNOW

PER KUL BHARAT, VICE PRESIDENT.:

This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 22.09.2025, pertaining to the assessment year 2018-19. The assessee has raised the following grounds of appeal: -

“1. Because on the facts and in the circumstances of the case the order of Ld. CIT(A) is bad in law as the Ld. AO passed the order without assuming proper jurisdiction. 2. Because on the facts and in the circumstances of the case the order of Ld. CIT(A) is bad in law as the AO by not allowing MAT Credit of Rs.50,71,273/- by solely relying on incorrect interpretation of Section 115JB(4) and Section 115JAA(1A). 3. Because on the facts and in the circumstances of the case the order of Ld. CIT(A) is bad in law as AO by not allowing MAT Credit of Rs.50,71,273/- even when the provision of filing report in Form 29B is directory in nature and no penal provisions can be imposed by disallowing the MAT Credit. 4. Because on the facts and in the circumstance of the case, the order of Ld. CIT(Appeals) has been passed in absolute violation of the principles of Natural Justice, without providing adequate opportunity of being heard and therefore deserves to be declared a nullity. 5. The appellant craves for leave to add, modify, amend or delete any other and further grounds of appeal with permission.”

ITA No.859/LKW/2025 Page 2 of 3 2. At the very outset, our attention was drawn towards letter dated 21.04.2026 wherein the assessee has requested to withdraw the present appeal. The relevant contents of the letter dated 21.04.2026 is reproduced as under: -

“1. That the above-captioned appeal has been filed by the appellant before this Hon'ble Tribunal against the order passed by the Learned Commissioner of Income Tax NFAC pertaining to Assessment Year 2018- 19. 2. That the appellant, upon reconsideration of the facts and circumstances of the case, has decided not to press the present appeal pending before this Hon'ble Tribunal. 3. That the appellant, therefore, seeks permission of this Hon'ble Tribunal to withdraw present appeal and requests that the same may kindly be treated as withdrawn. 4. That the present application is being filed voluntarily and in the interest of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Tribunal may kindly be pleased to permit the appellant to withdraw the present appeal bearing IT A No. 859/LKW/2025 for Assessment Year 2018-19, and pass such order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.” 3. On the other hand, the Ld. DR has not objected to the prayer of the assessee for withdrawal of the appeal.

Sd/- Sd/- [NIKHIL CHOUDHARY] [KUL BHARAT] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 29/04/2026 Vijay Pal Singh, (Sr. PS)

ITA No.859/LKW/2025 Page 3 of 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DR 5. Guard file By order //True Copy//