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Facts
The assessee filed an appeal before the ITAT Mumbai, which arose from an order by NFAC, Delhi. The assessee's counsel informed the tribunal that they wished to withdraw the appeal as a previous appeal before the Delhi ITAT had been set aside to the file of the AO.
Held
The tribunal noted the submission of the assessee's counsel to withdraw the appeal. Considering the circumstances, the tribunal allowed the withdrawal.
Key Issues
Whether the assessee should be allowed to withdraw the appeal, given the prior proceedings and the setting aside of a related appeal.
Sections Cited
28, 44AD, 250
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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SMT. BEENA PILLAI
Per: Smt. Beena Pillai, J.M.: The present appeal filed by the assessee arises out of order dated 26/12/2024 passed by NFAC, Delhi for assessment year 2019-20 on following grounds of appeal :
“1. On the facts and circumstance of the case and in law, the learned CIT(E) erred in making addition of Rs. 12,78,800/ - u/s 28 without considering the actual expenses incurred by the assessee.
2. On the facts and circumstances of the case and in law, the Ld.CIT(A) erred in denying the benefit of presumptive taxation A.Y. 2019-20 Sonal Purushttam Agarwal under Section 44AD of the Income Tax Act, 1961, despite the appellant's business falls within the ambit of the said section, and all income has been duly declared under the presumptive taxation scheme. That the Ld. AO and Ld. CIT(A) erred in making and upholding an arbitrary addition of Rs. 12,78,800 to the total income of the appellant.
3. That the appellant craves to add, alter, delete and modify any of the ground of appeal at the time of hearing.” Brief facts of the case are as under:
At the outset, the Ld.AR submitted that, assessee wish to withdraw the present appeal. The Ld.AR has filed following submission in support of the withdrawal.
Considering the above submission the present appeal filed by assessee stands withdrawn. In the result the appeal filed by the assessee is dismissed as withdrawn.