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Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: SHRI WASEEM AHMED&
The instant appeal filed by the assessee is directed against the order dated 06.02.2020 passed by the Commissioner of Income Tax (Appeals)-5, Ahmedabad arising out of the order dated 28.12.2018 passed by the ITO, Ward-5(2)(3), Ahmedabad under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2011-12.
The assessee has come up in appeal against the order passed by the Ld. CIT(A)-5, Ahmedabad whereby and whereunder the ground of maintainability of the proceeding challenged by the assessee has been rejected though finally on merit relief has been granted.
The Ld. DR submitted before us on instruction that no appeal has been preferred against the said order passed by the Ld. CIT(A) by the Revenue before us.
Shri Rajendra Manubhai Patel vs. ITO Asst.Year –2011-12 - 2 -
In that view of the matter the Ld. Counsel appearing for the assessee does not want to proceed with the instant appeal.
Having regard to the facts and circumstances of the case we, therefore, dismiss the appeal as withdrawn.