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Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI PROMOD KUMAR & SHRI SANDEEP SINGH KARHAIL
PER SANDEEP SINGH KARHAIL, J.M.
The present appeal has been filed by the assessee challenging the impugned order dated 31/12/2018, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–56, Mumbai, [“learned CIT(A)”], for the assessment year 2009–10.
Global Hospitality Licensing SARL ITA No.1137/Mum./2019
At the outset, the learned A.R. appearing for the assessee submitted that the assessee, vide letter dated 30/05/2022, filed before the Tribunal has prayed for withdrawal of the present appeal for the assessment year 2009–10. The letter dated 30/05/2022, is placed on record and the same reads as under:–
“The appellant has filed the captioned appeal against the order dated December 31, 2018, passed by the Commissioner of Income Tax (Appeals) [„CIT(A)‟] Considering no order giving effect to the CIT(A) order has been passed till date, the assessment proceedings have abated. Therefore, the Appellant wishes to withdraw the captioned appeal, and would take such remedial measures available in law on account of such abatement. The withdrawal of the appeal should not be considered as a concession on part of the Appellant in relation to merits of the issues raised in the captioned appeal. Kindly taken the above on record and oblige.”
In view of the above, we accept the request of the assessee for withdrawal of its appeal for the assessment year 2009–10.
In the result, appeal by the assessee is dismissed as withdrawn. Order pronounced in the open court on 12/07/2022 Sd/- Sd/- PRAMOD KUMAR SANDEEP SINGH KARHAIL JUDICIAL MEMBER VICE PRESIDENT
MUMBAI, DATED: 12/07/2022
Global Hospitality Licensing SARL ITA No.1137/Mum./2019
Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai