DEEPAK KUMAR,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, GURUGRAM

The captioned appeals filed by the assessee are directed against the consolidated order passed by the CIT(A)-3, Gurgaon, dated 20.08.2018, which in turn arises from the respective orders passed by the A.O u/s 153A of the Income Tax Act, 1961 (“the Act”, for short) dated 26.12.2017.

At the very outset of the hearing of the appeal, it was submitted by the learned Authorized Representative (“Ld. A.R”, for short) for the assessee, that as instructed, liberty is sought for withdrawing the present appeals. Elaborating on the reason for withdrawing the appeals, it was submitted by the Ld. A.R that the asseessee by preferring the present appeals had challenged the directions/observations of the CIT(A), wherein he had advised the A.O for initiating proceedings against the assessee under Sec. 271D of the Act. It was submitted by the ld. A.R, that as subsequent thereto the penalty that was imposed by the A.O u/s 271D was quashed by the Tribunal and, due to low tax effect the department had not carried the matter any further in appeal before the Hon’ble High Court, therefore, the captioned appeals assailing the directions of the CIT(A) qua initiation of penalty proceedings in question have been rendered as merely academic in nature. Accordingly, in the backdrop of the aforesaid facts the Ld. A.R had sought liberty for withdrawing the aforementioned appeals.

The Ld. Departmental Representative (“Ld. D.R”, for short) on being confronted did not object to the seeking of withdrawal of the captioned appeals by the assessee.

In the backdrop of the aforesaid request of the Ld. A.R for withdrawal of the captioned appeals, which had not been objected by the counsel for the revenue, we herein allow the same.

Resultantly, the captioned appeals are dismissed as withdrawn.