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Facts
The assessee filed an appeal against the order of the CIT(A). The assessee later requested to withdraw the appeal, stating that the issue had become infructuous due to a rectification order passed by the CIT(A).
Held
The Tribunal noted that the issue had indeed been rectified by the CIT(A) through a subsequent order. Therefore, as requested by the assessee's AR, the Tribunal was inclined to dismiss the appeal as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn when the core issue has been resolved by a subsequent rectification order.
Sections Cited
250, 154, 115JB
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE
Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal filed by the assessee against the order of ld. CIT(A) -2, Bangalore dated 29.7.2024 vide DIN & Order No. ITBA/APL/S/250/2024-25/1067113364(1) for the assessment year 2018-19 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”).
At the outset, ld. A.R. of the assessee drawn our attention to a letter dated 4.12.2024 requesting for withdrawal of the appeal filed by the assessee. Further, the ld. A.R. of the assessee submitted that the ground pending for adjudication before this Tribunal relating to computation of book profit u/s 115JB of the Act have become Mann and Hummel Filter Private Limited, Bangalore Page 2 of 2 infructuous consequent to the relief granted by the ld. CIT(A) vide rectification order dated 22.11.2024 passed u/s 154 r.w.s. 250 of the Act. On going through the order passed u/s 154 r.w.s. 250 of the Act, we find that matter has already been rectified by the ld. CIT(A)/NFAC vide order dated 22.11.2024. Therefore, as requested by the AR of the Assessee, we inclined to dismiss the appeal of the assessee as withdrawn.
In the result, appeal filed by the assessee is dismissed.
Order pronounced in the open court on 4th Mar, 2025