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Income Tax Appellate Tribunal, DELHI BENCH “C” NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI O.P. KANT
PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 19.05.2017 passed by Ld. Commissioner of Income Tax (Appeals)-IV, New Delhi for the Assessment Year 2013-14.
During the course of virtual hearing, at the outset, the ld. counsel for the assessee submitted that he has instruction to withdraw this appeal and furnished a copy of request letter of the assessee dated 7.12.2020 which is placed on record.
In his rival submissions, learned Department Representative did not object if the appeal of the assessee is dismissed as withdrawn.
After considering the submissions of both the parties and the material available on record, it is noticed that the assessee- company furnished a letter dated 7.12.2020 stating therein as under:
“The instant appeal was filed against the order of CIT(A) who had dismissed the appeal in limine, as the appeal was not filed electronically but physically on 26.04.2016. Pursuant to the filing of the appeal subsequently by electronic means, the CIT(A) heard the appellant company. Appeal against the subsequent order of the CIT(A) is also now pending before the Hon'ble ITAT, Delhi. In the circumstances die instant appeal is infructuous and your Honours may please permit the withdrawal of this appeal.”
In view of the above, we dismiss the appeal of the assessee as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 17th December, 2020.