JAY USHIN LTD,NEW DELHI vs. PRCIT, CENTRAL-2, NEW DELHI

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ITA 3893/DEL/2018Status: DisposedITAT Delhi24 August 2021AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeals. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee filed appeals against orders passed by the Principal CIT under Section 263 of the Income Tax Act for AYs 2009-10 and 2010-11. The assessee later filed an application seeking withdrawal of these appeals.

What were the issues?

The primary issue was whether the assessee's appeals against the PCIT's Section 263 orders should be allowed to be withdrawn.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘C’ BENCH,

Before: SHRI R.K. PANDA & SHRI VIJAY PAL RAO

For Respondent: Ms. Anima Barnwal, Sr. DR
Hearing: 24.08.2021Pronounced: 24.08.2021

PER R.K. PANDA, AM:

1.

The above 02 appeals filed by the assessee are directed against the separate orders dated 30.03.2018 passed u/s. 263 of the I.T. Act, 1961 of the Ld. Pr. CIT, Central-2, New Delhi for the assessment years 2009-10 & 2010-11. & 3894/DEL/2018 AYRS. 2009-10 & 2010-11

2.

At the time of hearing, Ld. Counsel for the assessee filed an Application seeking withdrawal of appeals. The contents of the Assessee’s A.R. Application dated 24.8.2021 seeking withdrawal of the appeals are reproduced as under:-

Date: 24th August, 2021 Before, Income Tax Appellate Tribunal, Delhi Bench ‘C’ New Delhi In the matter of : M/s Jay Ushin Ltd. 3894/Del/2018 AY: 2009-10 & 2010-11 Hon’ble Sir(s),

That the captioned appeals filed by the assessee are fixed for hearing on 24.08.2021.

It is respectfully submitted that the captioned appeals are with respect to order so passed by learned PCIT under section 263 of the Act, whereas, in assessment orders passed in pursuance to the aforesaid order i.e. under section 143(3) read with section 263 of the Act, the assessee has got substantial relief. As such, the assessee intends to withdraw the captioned matters. It is therefore, most respectfully prayed that the captioned matters may be permitted to be withdrawn by the assessee.

It is prayed accordingly.

Sd/- (Shailesh Gupta) Counsel for Assessee”

3.

Learned Senior DR has no objection on the request of the Ld. Counsel for the assessee for withdrawal of assessee’s appeals. & 3894/DEL/2018 AYRS. 2009-10 & 2010-11

4.

In view of the above, we accept the request of the assessee’s counsel for withdrawal of the aforesaid appeals.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order pronounced in the Open Court on 24.08.2021.

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