VASUDEO PRABHUKHANOLKAR ERSTWHILW TRUSTEE OF ERSTWHILE INFRASTRUCTURE INVESTMENT TRUST,MUMBAI vs. THE PR. CIT PCIT, MUMBAI

PDF · subscribers
ITA 1238/MUM/2022Status: DisposedITAT Mumbai07 September 2022AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against a revision order passed by the Principal Commissioner of Income Tax under Section 263 of the Income Tax Act. The assessee subsequently filed an application requesting to withdraw the appeal.

What were the issues?

Whether the assessee's request to withdraw the appeal should be granted.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘F ‘ BENCH

Before: SHRI M.BALAGANESH & SMT KAVITHA RAJAGOPAL

For Appellant: Shri K Shivram
For Respondent: Shri Achal Sharma
Hearing: 07/09/2022Pronounced: 07/09/2022

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2012-13 preferred by the order against the revision order of the ld. Pr. Commissioner of Income Tax-Mumbai-17, u/s.263 of the Act dated 25/03/2022 for the A.Y. 2012-13.

Vasudeo Prabhukhanolkar Erstwhile Trustee of Erstwhile Infrastructure Investment Trust

2.

Assessee vide its letter dated 07/09/2022, prayed for withdrawal of appeal in for A.Y.2012-13. For the sake of convenience, we are reproducing the contents of the said Application as under:-

The hearing of the captioned appeal is fixed before the Hon'ble 'F' Bench of the Income Tax Appellate Tribunal, Mumbai (ITAT) on September 07, 2022. In this connection, the Appellant wishes to state as under. The captioned appeal is filed against the order u/s 263 of the Income Tax Act, 1961 passed by the Hon'ble Principal Commissioner of Income Tax, Mumbai -17 on March 25, 2022. Aggrieved by the said order, along with the present appeal, the Appellant had filed an Application for Stay of Operation on May 25, 2022 which has been dismissed by the Hon'ble Bench vide order dated May 27, 2022. The Appellant wishes to contest the issues under consideration on their merits before the Assessing authority in the set-aside proceedings. In view of the foregoing, the Assessee most humbly requests the Bench to kindly consider the captioned appeal as withdrawn. Permitted. Hoping to be excused for the inconvenience caused.

3.

Ld. DR has not raised any objection.

4.

We have heard the ld. DR and perused the records, especially the Application of assessee for withdrawal of the Appeal. We find considerable cogency in the contentions of Assessee as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.

Vasudeo Prabhukhanolkar Erstwhile Trustee of Erstwhile Infrastructure Investment Trust

5.

In the result, the appeal of the Assessee is dismissed as withdrawn.

Order pronounced in open Court on 07/09/2022

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →