MACK STAR MARKETING P.LTD,MUMBAI vs. ITO 5(2)(3), MUMBAI

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ITA 1019/MUM/2015Status: DisposedITAT Mumbai17 December 2020AY 2010-113 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's request for withdrawal of the appeal. Finding merit in the request, the Tribunal accepted it and dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the CIT(A). The appeal was listed for hearing on December 17, 2020. The assessee subsequently filed an application to withdraw the appeal.

What were the issues?

The primary issue was whether the assessee's request for withdrawal of the appeal should be accepted.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM

For Appellant: Ms. Komal
For Respondent: Shri Purushottam Tripuri
Hearing: 17/12/2020Pronounced: 17/12/2020

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-9, Mumbai in appeal No.CIT(A)-9/ITO-5(2)(3)/226/2013-14 dated 03/11/2014 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated

M/s. Mack Star Marketing Private Limited 30.03.2013 by the ld. Income Tax Officer-5(2)3, Mumbai (hereinafter referred to as ld. AO).

2.

Assessee vide its dated 17/12/2020, prayed for withdrawal of appeal in . For the sake of convenience, we are reproducing the contents of the said Application as under:-

"The captioned appeal is listed for hearing before the ‘B' Bench of Hon'ble Mumbai ITAT tomorrow (i.e. 17 December 2020). In this regard, the Assessee wishes to withdraw the appeal for reasons specified in the attached letter. Accordingly, the Assessee requests you to please take the attached letter on record. Further, the Assessee requests you to send the link of the virtual court room on this email ID in order to appear before the Hon'ble ITAT tomorrow" 3. Ld. DR has not raised any objection.

4.

We have heard both the parties and perused the records, especially the Application for withdrawal of the Appeal. We find considerable cogency in the contentions of the Ld. Counsel for the Assessee as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee's counsel for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.

5.

In the result, the appeal of the Assessee is dismissed.

Order pronounced in the open Court on 17/12/2020.

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