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

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):

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

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 In view of the foregoing, the Assessee most humbly requests the Bench to kindly consider the captioned appeal as withdrawn.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.

Ld. DR has not raised any objection.

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the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.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

In the result, the appeal of the Assessee is dismissed as withdrawn.

Order pronounced in open Court on 07/09/2022

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