BOMBAY DYEING REAL CO. LTD.,MUMBAI vs. ITO-1(1)(3), MUMBAI
What did the Tribunal hold?
The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn by the Tribunal.
What were the facts?
The assessee filed an appeal before the ITAT challenging an order passed by the CIT(A). The assessee subsequently filed a letter requesting to withdraw the appeal.
What were the issues?
The primary issue was whether the assessee should be allowed to withdraw its appeal before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI SANDEEP SINGH KARHAIL
The present appeal has been filed by the assessee challenging the impugned order dated 15/01/2020, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–2, Mumbai, [“learned CIT(A)”], for the assessment year 2015–16.
At the outset, the learned A.R. appearing for the assessee submitted that the assessee, vide letter dated 21/06/2022, filed before
Bombay Dyeing Real Estate Co. Ltd. ITA No. 1572/Mum./2020 the Tribunal has prayed for withdrawal of the present appeal for the assessment year 2015–16. The letter dated 21/06/2022, is placed on record and the same reads as under:–
“The hearing of the captioned appeal preferred by the Assessee is fixed before Your Honours tomorrow. In this connection, we wish to state as under: Considering the cost–benefit aspects of pursuing the captioned appeal and in order to avoid protracted litigation, the Appellant is desirous of withdrawing the captioned appeal. In view of the foregoing, may we request Your Honours to kindly permit the Appellant to withdraw its appeal and the appeal be dismissed being withdrawn.”
In view of the above, we accept the request of the assessee for withdrawal of its appeal for the assessment year 2015–16.
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