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Facts
The assessee filed an appeal against an order passed by the PCIT under Section 263 of the Income Tax Act for the assessment year 2016-17. During the hearing, the appellant's Authorized Representative (AR) filed a letter seeking to withdraw the appeal.
Held
The tribunal noted that the order giving effect to the PCIT's order was acceptable to the assessee. Consequently, the assessee did not wish to proceed with the appeal, and the grounds raised were dismissed as withdrawn.
Key Issues
Whether the assessee can withdraw their appeal during the tribunal proceedings after accepting the order giving effect to the PCIT's revisionary order.
Sections Cited
263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SMT. BEENA PILLAI & SHRI OMKARESHWAR CHIDARA
Assessment Year: 2016-17 Sarovar Hotels Private Vs Principal Limited Commissioner of 42, Mittal Chambers, Income Tax-3 Nariman Point, Mumbai Aayakar Bhavan, M.K. 400021 Road, Mumbai 40020 PAN: AAACS8083L (Appellant) (Respondent) Appellant by Ms. Simoni Shah Respondent by Mr. R.A. Dhyani, CIT D.R. Date of Hearing 27.03.2025 Date of Pronouncement 28.03.2025 ORDER Per: Smt. Beena Pillai, J.M.: The present appeal arises out of order dated 21/03/2024 passed by Ld. PCIT-3, Mumbai for assessment year 2016-17 u/s. 263 of the Act.
At outset the Ld. AR has filed letter dated 26/03/2025 (scanned and annexed here under) seeking to withdraw the present appeal. “With reference to the above and under instructions from the above referred assesse, we wish to sate as under: We, the undersigned, wish to state that in connection with the appeal filed before the Hon’ble Income Tax Appellate Tribunal in case of Sarovar Hotels Private Limited for the captioned assessment year, the case is scheduled for hearing on 27.03.2025. We wish to inform your honour that the assessee request before the Hon’ble Tribunal to grant permission to withdraw the appeal.
Assessment Year: 2016-17 Sarovar Hotels Pvt Ltd. Should your honour require any further clarification, please let us know.” 2.1. The Ld. AR submitted that, order giving effect to order the u/s. 263 order as passed by the Ld. AO which is acceptable to the assessee and assessee do not wish to proceed with the present appeal based on the above submissions the appeal is allowed to be withdraw. 3. Accordingly, grounds raised by the assesse is dismissed as withdraw.
In the result appeal filed by the assessee is dismissed as withdraw.