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Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. N. K. Saini, Hon’ble & Sh. Sudhanshu Srivastava
Assessee by : Sh. Rohit Jain, Adv & Ms. Tejasvi Jain, Adv Revenue by : Sh. Sanjay Goel, CIT (DR) Date of Hearing : 15.11.2018 Date of Pronouncement : 19.11.2018 ORDER Per N. K. Saini, Vice President: These appeals by the assessee are directed against the order dated 02.02.2015 of the learned Pr. CIT(Central), Kanpur. 2. During the course of hearing, the learned counsel for the assessee at the very outset stated that he has the instruction to withdraw these appeals and gave in writing as under:-
ITA No.2031/Del/2015 ITA No.2033/Del/2015 “The Hon’ble Members Delhi ‘A’ Bench, Income Tax Appellate Tribunal, Lok Nayak Bhawan, Khan Market, New Delhi Sirs Re: Income-tax appeals in the matter of Triveni Engineering & Industries Ltd. for the assessment years 2008-09 to 2011-12 (1TA Nos.2030 to 2033/Del/2015) The captioned appeals are fixed for hearing before the Hon’ble Bench today. In this regard, it is respectfully submitted as under: The captioned appeals have been filed against the consolidated order dated 2.2.2015 passed by the Principal Commissioner of Income Tax ("PCIT”) under section 263 of the Income Tax Act 1961 ("the Act) for assessment years 2008-09 to 2011-12 wherein the PCIT had set-aside the following two issues to the file of the assessing officer for fresh examination: • Claim for deduction under section 80-1A of the Act in respect of profits from steam generation: • Amount received from sale of carbon credits treated as capital receipt. Pursuant to the aforesaid, fresh assessments were made vide separate consequential order(s) dated 5.5.2015 passed by the assessing officer for AY’s 2008-09 to 201 1-12. Copies enclosed. In the said orders, the assessing officer, after detailed examination, accepted the claims of the appellant. In view of the aforesaid consequential orders passed by the assessing officer, the present appeals filed by the appellant against the orders passed by the PCIT under section 263 of the Act have, it is submitted, merely been rendered academic in nature. In the aforesaid circumstances, the appellant seeks permission of the Hon’ble Tribunal to withdraw the captioned appeals. Accordingly, the captioned appeals may kindly be dismissed as withdrawn. We trust that our request shall be acceded to, Thanking You, Yours Faithfully, For Vaish Associates Advocates Sd/- Tejasvi Jain”
ITA No.2031/Del/2015 ITA No.2033/Del/2015
In his rival submissions, the learned Sr. DR did not object if the appeals of the assessee are dismissed as withdrawn.
In view of the above, the appeals filed by the assessee are dismissed as withdrawn.
In the result, appeals of the assessee are dismissed.
(Order Pronounced in the Open Court on 19/11/2018)