Facts
The assessee filed an appeal against an intimation/order issued under Section 143(1) of the Income Tax Act for A.Y. 2019-20. During the hearing, the assessee's counsel informed the Tribunal that the grievance had been redressed by the Assessing Officer via a rectification order under Section 154, leading the assessee to seek withdrawal of the appeal.
Held
The Tribunal, considering that the assessee's grievance was addressed by a rectification order under Section 154, allowed the withdrawal of the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
Key Issues
Whether the Income Tax Appellate Tribunal should permit the withdrawal of an appeal when the underlying grievance has been resolved by a rectification order passed by the Assessing Officer.
Sections Cited
143(1), 154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad
Before: Shri Vijay Pal Rao & Shri Manjunatha G.
PER VIJAY PAL RAO, VICE PRESIDENT:
This appeal filed by the assessee is directed against the order dated 06.12.2024 of the Addl/JCIT(A)-2, Noida, arising from intimation/order u/s 143(1) of the Income Tax Act, 1961 (“the Act”) of CPC for the A.Y.2019-20.
At the time of hearing, the learned counsel for the assessee has stated at Bar that the grievance of the assessee has been redressed by the AO, while passing the rectification order u/s 154 r.w.s.143(1) of the Act dated 16.12.2022 and therefore, the assessee does not want to press the present appeal and the same may be allowed to be withdrawn. He has filed a copy of the order dated 16.12.2022 passed u/s 154 of the Act. The Ld.AR has also filed a petition for withdrawal of the appeal, which reads as under:
Thus, he has pleaded that the present appeal of the assessee be allowed to be withdrawn.
On the other hand, the Ld.DR has raised no objection, if the present appeal of the assessee is dismissed as withdrawn.
Having considered the submissions of the Ld.AR as well as the Ld.DR and in view of the rectification order passed u/s 154 of the Act dated 16.12.2022, the present appeal of the assessee is allowed to be withdrawn and consequently, the same is dismissed, being withdrawn.
In the result, appeal filed by the assessee is dismissed, being withdrawn.
Order pronounced in the Open Court on 30th July, 2025.