CITRA PROPERTIES LIMITED,DELHI vs. CIT(A), MUMBAI

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ITA 2368/MUM/2021Status: DisposedITAT Mumbai11 August 2022AY 2016-173 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 allowed the assessee's request to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the denial of TDS credit for a transaction that was cancelled and no income was offered to tax. The deductor intended to claim a refund independently.

What were the issues?

The primary issue was the denial of TDS credit. The assessee sought to withdraw the appeal due to subsequent developments regarding the refund claim.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI AMIT SHUKLA, JM & SHRI PRASHANT MAHARISHI, AM

For Appellant: Shri K. Gopal, Ld. AR, Shri Nimesh Yadav, DR सुनवधईकीतधरीख/
For Respondent: Shri Nimesh Yadav

O R D E R

Per Amit Shukla, Judicial Member:

1.

The aforesaid appeal has been filed by the assessee against the impugned order dated 26.03.2021, passed by Ld. CIT(A)-54, Mumbai for the quantum of assessment passed u/s 143(3) for AY 2016-17. 2 M/s Citra Properties Ltd.

2.

At the outset, it is brought to our notice that assessee has filed an application dated 08.08.2022 for withdrawal of appeal, which are as under:- Sub: Application for Withdrawal of appeal. This application is to seek your honors' permission to withdraw the abovementioned appeal which is fixed for hearing on 11.08.2022. The only issue agitated in this appeal filed by the assessee is the denial of credit of TDS deducted by the deductor i.e., Indiabulls Housing Finance Ltd. on a transaction which was cancelled and no income was offered to tax. Now, the deductor will initiate independent proceedings to claim the refund of Rs. 1,15,00,000/-. Thus, the appellant wants to withdraw the appeal filed by it. In view of the same, we request your honors to kindly grant us the permission to withdraw the abovementioned appeal and oblige.

3.

Ld. DR did not have any objection to the said request of withdrawal.

4.

Considering the contents of the letter as mentioned above, we allow the request of the assessee for withdrawing the present appeal.

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