What did the Tribunal hold?

The assessee's authorized representative requested to withdraw the appeal. The Tribunal allowed the withdrawal of the appeal.

The assessee filed an appeal before the ITAT against an order of the CIT(A). The CIT(A) had partly allowed the assessee's appeal, deleting an addition made in respect of deemed dividend.

What were the issues?

The assessee sought to withdraw its appeal before the Tribunal. The Tribunal considered the request for withdrawal.

Western Engineering Works Tax vs JCIT | ITAT Mumbai 2022

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI M.BALAGANESH & SHRI RAHUL CHAUDHARY

For Appellant: Shri N.S. Virani

For Respondent: Ms. Kanupriya Damor

Hearing: 08/08/2022Pronounced: 08/08/2022

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

This appeal in A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-59, Mumbai in appeal No.CIT(A)-59/IT-07/[IT-345 (Apl.30)/2017-18 dated 25/01/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/01/2014 by the ld. Jt. Commissioner of Income Tax-Range 16(1), Mumbai (hereinafter referred to as ld. AO).

At the time of hearing, the ld. AR stated that he would like to withdraw the appeal preferred by the assessee. To this effect he filed a letter dated 20/07/2022 which is reproduced hereinbelow:-

“Under the instructions of our above clients, we have the honour to address you as under. The appeal referred to above is fixed for hearing on 8th August, 2022 before G Bench, Mumbai. The order passed by the Commissioner of Income tax (Appeals-59) partly allowed the appeal of our client which included one ground pursuant to which the addition made in respect of deemed dividend was fully deleted. Hence, there is no grievance in respect of the said ground. However, the issue contested before the Tribunal is covered by the direction of the CIT appeals and will be accordingly pursued with lower authorities as advised to the Assessee Client We are, therefore, directed to request you to allow the Appellant client to withdraw the appeal before you as advised to them. We trust you will allow the Assessee to withdraw the appeal and you may accordingly pass appropriate orders.”

In view of the above, the appeal of the assessee is hereby dismissed as withdrawn.

In the result, appeal of the assessee is hereby dismissed as withdrawn.

Order pronounced in open Court on 08/08/2022.

WESTERN ENGINEERING WORKS TAX,MUMBAI vs. JT. CIT RANGE 16 (1), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments