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Facts
The assessee filed an appeal against an order passed by the CIT(Exemption) under Section 12(1)(ac) of the Income Tax Act. The assessee requested to withdraw this appeal, stating that a separate appeal for the same matter (ITA No. 2616/PUN/2024) had already been decided in their favor by the Pune ITAT, thus making the current appeal a duplication.
Held
The Tribunal permitted the assessee to withdraw the appeal, as the Departmental Representative confirmed that the Revenue had no objection. Consequently, the appeal and its grounds were dismissed as withdrawn.
Key Issues
Whether the Income Tax Appellate Tribunal should allow the withdrawal of an appeal if a similar matter has already been decided in the assessee's favor and the Revenue has no objection.
Sections Cited
12(1)(ac)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “A” :: PUNE
Before: DR.DIPAK P. RIPOTE & SHRI VINAY BHAMORE
ORDER
PER DR. DIPAK P. RIPOTE, AM:
This appeal filed by the Assessee is against the order of ld.Commissioner of Income Tax(Exemption), Pune passed under section 12(1)(ac) of the Income Tax Act, 1961; dated 02.12.2024.
At the outset of hearing, ld.Authorised Representative(ld.AR) of the assessee submitted a letter and requested to withdraw the appeal as under :
ITA No.2812/PUN/2024 [A]
On the other hand, the ld.Departmental Representative(ld.DR) of the Revenue did not object to the contention of the assessee and has no objection if the appeal of assessee is dismissed as withdrawn.
In view of the above, we permit to withdraw the appeal of the assessee. Accordingly, grounds of appeal raised by the assessee are dismissed as withdrawn.
ITA No.2812/PUN/2024 [A]
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 26th March, 2025.