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Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
This appeal by the assessee is directed against order of learned CIT-A dated 27.2.2019 pertaining to assessment year 2014-15.
The grounds of appeal read as under :- “1.1. The learned CIT (A) has erred in upholding the additions made by the AO on the grounds that the appellant has failed to comply with the provisions of section 47(xiiib) and as a result, the benefit under section 49(l)(e) read with explanation l(b) of section 2(42A) cannot be granted to the appellant with regards to the period of holding in respect of long term capital assets. 1.2. She has also erred in not appreciating the facts placed on record evidencing that the appellant has duly complied with all the conditions stipulated in proviso to section 47(xiiib).”
At the outset it is noted that the assessee has made an application that he shall be withdrawing the appeal. Learned departmental representative did not have any objection to this proposition.
2 Shirish Mody Enterprises LLP
Up on careful consideration I have granted permission to withdraw the appeal. Accordingly this appeal is dismissed as withdrawn.
Pronounced in the open court on 14.10.2021.