What did the Tribunal hold?

The tribunal considered the submissions of both parties and decided to dismiss the assessee's appeal as withdrawn. No costs were awarded.

The assessee filed an appeal against the CIT(A)'s order for assessment year 2009-10. The assessee later filed an application to withdraw the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw their appeal, which was granted by the tribunal.

Lupin Investments Pvt. Ltd vs ITO | ITAT Mumbai 2020

PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-22, Mumbai [ld. CIT(A)] dated 30.11.2018 for assessment year 2009-10.

This appeal came up hearing on 06.02.2010. The ld. AR of the assessee filed an application for withdrawal of appeal dated 05.02.2010. In the application for withdrawal, the assessee has contended that they requested to CIT-DR, whether any cross appeal is filed by revenue against the deleting the additions of section14Arws Rule8D by ld CIT(A). It is further stated that ld. CIT(A) had confirmed that no appeal has been filed by revenue. It is prayed in the application, since, the revenue has not filed any Mum 2019-Lupin Investment Pvt. Ltd. appeal accordingly, and the assessee wishes to withdraw its appeal. The ld. DR for the revenue submits that no appeal against deleting the disallowance under section 14A by ld. CIT(A) is filed by revenue and that he has no objection, if the appeal of the revenue is dismissed as withdrawn.

Considering the submission of both the parties, the appeal of the assessee is dismissed as withdrawn, no order as to cost.

In the result, appeal of the assessee dismissed as withdrawn.

Order pronounced in the open court on 06/02/2020.

LUPIN INVESTMENTS PVT. LTD,MUMBAI vs. ITO 14(3)(2), MUMBAI

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