What did the Tribunal hold?

The Tribunal noted that the issue had been settled by the AO and the Revenue did not object. Therefore, the appeal was dismissed as withdrawn.

The assessee filed an appeal against the DRP's order. Subsequently, the assessee requested to withdraw the appeal as the Assessing Officer (AO) had passed a rectification order resolving the issue.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn due to a subsequent rectification order by the AO.

Warner Bros. Home Entertainment… vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI RAVISH SOOD

For Appellant: Shri A.F. Jahangir, A.R

For Respondent: Shri Vijay Kumar Subramaniyam, Sr.D.R

Hearing: 14.07.2021Pronounced: 13.07.2021

Per Rajesh Kumar, Accountant Member:

The present appeal has been preferred by the assessee against the order dated 06.09.2019 of the Dispute Resolution Panel-2 [hereinafter referred to as the DRP] relevant to assessment year 2011-12.

The assessee has filed a letter dated 23.06.2021 requesting the Bench to allow the withdrawal of appeal on the ground that issue involved in this case has already been allowed by the AO by passing necessary rectification order dated 05.02.2020. When the Ld. D.R. was confronted with this issue he fairly conceded that the issue has been settled at the level of the AO

We have heard the rival submissions of both the parties and perused the material on record. Accordingly, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 13.07.2021.

WARNER BROS. HOME ENTERTAINMENT INC.,MUMBAI vs. ASST CIT (IT) 4(3)(2), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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