SHRI SUNIL JHAVERI,NEW DELHI vs. ITO, NEW DELHI

ORDER Per Dr.B.R.R. Kumar, Accountant Member: These appeals have been filed by the above named assessees, against the order dated 29.03.2010 and 31.03.2010 of ld. CIT(A)-VIII, New Delhi.

2 & 2852/Del/2010 Sunil & Monica Jhaveri for A.Y. 2006-07. It is humbly submitted that I have mostly shifted from Delhi to Mumbai due to which it has become difficult for me to continue with the pending litigation in Delhi. Moreover, the travelling cost and other related expenses in respect to continue the litigation in above noted appeal is high. In view o the aforesaid reason I hereby state that I want to withdraw the captioned appeal pending before this Hon’ble Tribunal. Without prejudice, it is submitted that this request for withdrawal should not be considered as concession to the issues raised in the appeal. I continue to dispute the correctness of the additions made by the AO and as upheld by the CIT(Appeals), however, in view of the aforesaid reason, I wish to withdraw the appeal. In light of the above I request Hon’ble Members to accept my withdrawal application and I hope that Your Honours would accede to my request.” Thanking You, Yours Sincerely, Sd/- (Monica Jhaveri) 3. The ld. DR vehemently objected to the supposedly conditional withdrawal of the appeal of the assessee and argued that the withdrawal should be full and final and cannot have any conditions attached to it. It was argued that withdrawal should not be taken as a recourse to buy time and to raise the issues at a later date. The ld. AR did not controvert the arguments of the ld. DR.