MADRAS LAMPS PRIVATE LIMITED,CHENNAI vs. ITO CORPORATE WARD 4(1), CHENNAI

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ITA 2055/CHNY/2018Status: DisposedITAT Chennai21 September 2022AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Following the assessee's request to withdraw the appeal due to the company's dissolution, the appeal was dismissed as withdrawn.

What were the facts?

The assessee's appeal was filed with a delay of 91 days. Subsequently, the assessee company, which was under liquidation, was dissolved by a High Court order.

What were the issues?

The primary issue was whether to condone the delay in filing the appeal and, subsequently, whether to allow the withdrawal of the appeal.

AI-generated summary — verify with the full judgment below

Before: Shri V. Durga Rao & Shri Manoj Kumar Aggarwal

Hearing: 14.09.2022Pronounced: 21.09.2022

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 8, Chennai, dated 18.01.2018 relevant to the assessment year 2012-13.

2.

The appeal filed by the assessee is delayed by 91 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit, the Official Liquidator has explained the reasons for the delay. By referring to the condonation petition, the ld. Counsel for the assessee has prayed for condoning the delay against which, the ld. DR has not objected to the submissions of the ld. Counsel. In view of the above, the delay is condoned.

3.

When the appeal was taken up for hearing, by filing an application dated 14.09.2022 towards withdrawal of the appeal, the ld. Counsel for the assessee has submitted that the assessee company under liquidation earlier has now been dissolved by the judgement of the Hon’ble High Court, Madras vide order dated 11.03.2022 in Company Application No. 10/2022 and sought for permission to withdraw the appeal, against which, the ld. DR has not opposed to the submissions of the ld. Counsel. In view of the above, the appeal filed by the assessee is dismissed as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed. Order pronounced on 21st September, 2022 at Chennai.

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