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Income Tax Appellate Tribunal, ‘D‘ BENCH MUMBAI
Before: SHRI M.BALAGANESH & SMT. KAVITHA RAJAGOPAL
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in A.Y.2013-14 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-CIT(A) 52, Mumbai in appeal No. CIT(A)52,Mumbai/10266/2019-20 dated 16/12/2021 (ld. CIT(A) in short) against the order of assessment passed 153A r.w.s 143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 24/12/2019 by the ld. Dy. Commissioner of Income Tax Central Circle 4(2) Mumbai (hereinafter referred to as ld. AO).
The ld. AR for the assessee filed a letter dated 04/11/2022 seeking permission for withdrawal of the appeal. The said letter is reproduced hereunder:-
M/s. Mindspace Business Parks, Pvt. Ltd,
Dear Sir, Ref: Mindspace Business Parks Private limited AY: 2013-14 ITANo:276/MUM/2022 Sub: Request for withdrawal of appeal. In connection with the captioned appeal, we submit as under:
1. 1. We draw Your Honor's kind attention to the hearing scheduled for the captioned appeal on 07.11.2022.
2. In this regard, it is humbly submitted before Your Honors that the relief sought by the appellant in the captioned appeal was twin fold, i.e: • Lease rentals derived from business activity of letting out premises in industrial park ought to be taxed under the head "Profits & Gains from Business & Profession", • Consequently, depreciation on assets be granted from the captioned A.Y.
3. It may kindly be noted that the relief sought in the captioned appeal being in the nature -of depreciation allowance has already been granted to the appellant in appeals of subsequent years; i.e. A.Y. 2015-16 & A.Y. 2016-17 and hence we do not intend to pursue the captioned appeal.
4. In view of the above, we request Your Honors to kindly allow us to withdraw the captioned appeal and oblige. We hope that your Honor will consider our request favorably.
In view of the above, the assessee’s appeal is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in open Court on 07/11/2022.
Sd/- Sd/- (KAVITHA RAJAGOPAL) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 07/11/2022 KARUNA, sr.ps
M/s. Mindspace Business Parks, Pvt. Ltd,