MARATHON IT INFRASTRUCTURE PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER-15(2)(3), MUMBAI

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ITA 5409/MUM/2017Status: DisposedITAT Mumbai23 July 2019AY 2009-103 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 withdrawal of the appeal as requested by the assessee. The Departmental Representative did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed by the CIT(A) which arose from an order passed by the Assessing Officer. The assessee's Authorized Representative requested to withdraw the appeal during the hearing.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal filed before the tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

Before: Shri Ravish Sood & Shri N.K. Pradhan

For Appellant: Shri Kiran P. Kapadia, A.R
For Respondent: Shri Rajesh Ojha, D.R
Hearing: 23.07.2019Pronounced: 23.07.2019

PER RAVISH SOOD, JM The present appeal filed by the assessee is directed against the order passed by the CIT(A)-24, Mumbai, dated 05.06.2017, which in turn arises from the order passed by the A.O under Sec.143(3) r.w.s. 263 of the Income Tax Act, 1961 (for short ‘Act’), dated 31.03.2015 for A.Y.2009-10. The ld. Authorized Representative (for short ‘A.R’) for the assessee at the very outset of the hearing of the appeal submitted, that as instructed, the assessee seeks to withdraw the present appeal. A letter dated 23.07.2019 requesting that the appeal may be permitted to be withdrawn had also been placed on record. The ld. Departmental Representative (for short ‘D.R’) did not P a g e | 2 ITA No. 5409/Mum/2017 AY. 2009-10 M/s Marathan IT Infrastructure Pvt. Ltd. Vs. Income Tax Officer-15(2) object to the seeking of withdrawal of the aforesaid appeal by the assessee.

2.

In the backdrop of the aforesaid concession on the part of the ld. A.R, we herein allow the withdrawal of the aforesaid appeal. Accordingly, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 23.07.2019 (N.K. Pradhan) (Ravish Sood) ACCOUNTANT MEMBER JUDICIAL MEMBER भ ुंफई Mumbai; ददन ुंक 23.07.2019 PS: Rohit आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : 1. अऩीर थी / The Appellant प्रत्मथी / The Respondent. 2. आमकय आम क्त(अऩीर) / The CIT(A)- 3. आमकय आम क्त / CIT 4. विब गीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भ ुंफई /

5.

DR, ITAT, Mumbai ग र्ड प ईर / Guard file. 6. सत्म वऩत प्रतत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

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