NETIZEN ENGINEERING P. LTD.,MUMBAI vs. PR. CIT, CIRCLE-8, MUMBAI

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ITA 949/MUM/2021Status: DisposedITAT Mumbai02 August 2022AY 2017-183 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 present appeal. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed under section 263 read with section 143(3) for AY 2017-18. Subsequently, the Assessing Officer passed another order under section 144 read with section 263 and 144B, against which the assessee is pursuing a separate appeal before the CIT(A).

What were the issues?

Whether the assessee should be allowed to withdraw an appeal when a subsequent order has been passed and is under appeal before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

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

For Appellant: Shri Amit Khatiwala, Dr. Mahesh Akhade, DR सुनवधईकीतधरीख/
For Respondent: Dr. Mahesh Akhade

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. PCIT-8, Netizen Engineering Pvt. Ltd. Mumbai for the quantum of assessment passed u/s 263 r.w.s 143(3) for AY 2017-18. 2. At the outset, it is brought to our notice that assessee has filed an application dated 02.08.2022 for withdrawal of appeal, which are as under:-

Please refer to the above appeal fixed for hearing before your Honour on 2.8.2022. In this connection, we under the instructions from our above named client have to state as under:- The above appeal is appeal against order passed u/s.263. Subsequent to the passing of the order u/s.263, the Assessing Officer has passed an order u/s.144 r.w.s.263 r.w.s.144B dated 23.3.2022. The assessee is in appeal before the CIT(A) against the said order. In view of the above, the assessee would riot like to pursue the above appeal and hence withdraws the above appeal. We deeply regret the inconvenience caused to your Honour and hope our client's request will be favourably considered.

3.

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

Netizen Engineering Pvt. Ltd. 4. Considering the contents of the letter as mentioned above, we allow the request of the assessee for withdrawing the present appeal.

5.

In the net result, the appeal filed by the assessee stands dismissed as withdrawn.

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