LOKHANDWALA NESTINGS P. LTD,MUMBAI vs. PR CIT, RG- 12, MUMBAI

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ITA 3156/MUM/2019Status: DisposedITAT Mumbai14 October 2019AY 2014-153 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 allowed the assessee's request to withdraw the appeal. The assessee stated that they no longer wished to pursue the appeal as no addition was made in the consequential order.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income-tax Act. At the time of hearing, the assessee requested to withdraw the appeal.

What were the issues?

Whether the assessee should be allowed to withdraw their appeal. The assessee's reason for withdrawal was that no addition was made in the consequential order.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI MANOJ KUMAR AGGARWAL

For Appellant: Shri Rahul Hakani
For Respondent: Shri Anadi Varma

The aforesaid appeal by the assessee is directed against the order dated 15th March 2019, passed under section 263 of the Income–tax Act, 1961 (for short "the Act") by the learned Principal Commissioner of Income Tax–12, Mumbai, for the assessment year 2014–15.

2.

At the time of hearing of appeal, Shri Rahul K. Hakani, learned Counsel for the assessee on the instructions of his client submitted

2 Lokhandwala Nestings Pvt. Ltd. that the assessee does not want to pursue the appeal any further as no addition has been made in the consequential order passed by the Assessing Officer under section 143(3) r/w section 263 of the Act. In this context, the learned Counsel has also furnished letter dated 3rd October 2019, from the assessee signed by one of the Directors. Contents of the aforesaid letter are as under:– “Date: 03/10/2019 To, The Hon'ble Members, ITAT, Bench -'A' Mumbai. Ref: Lokhandwala Nestings Pvt. Ltd. 14/10/2019. Sub: Request for Withdrawal of appeal Respected Sir, The aforesaid appeal is fixed for hearing on 14/10/2019 before your Honour. We do not wish to pursue the appeal as no addition has been made in order passed u/s. 143(3) r.w.s.

263.

Hence, we request the Hon'ble Members to allow us to withdraw the above appeal. We regret the inconvenience caused to the members. Thanking you, Yours faithfully, For Lokhandwala Nestings Pvt. Ltd. Sd/– Director C.C. to: D.R.”

3.

Thus, the learned Counsel for the assessee sought permission of the Bench to withdraw the appeal

3 Lokhandwala Nestings Pvt. Ltd.

4.

Shri Anadi Varma, learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

5.

Considering the submissions of the parties and in view of the letter filed by the assessee that he no more wants to pursue the appeal due to the reasons stated in the letter, we are inclined to dismiss the present appeal as withdrawn.

6.

In the result, assessee’s appeal is dismissed as withdrawn. Order pronounced in the open Court on 14.10.2019

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