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Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI
Before: SHRI C.N. PRASAD, HONBLE & SHRI RAMIT KOCHAR, HONBLEShri Satishchandra Rajore
Date of Hearing : 01.07.2019 Date of Pronouncement : 01.07.2019 O R D E R PER C.N. PRASAD (JM) This appeal is filed by the assessee against the order of the Learned 1. Commissioner of Income Tax (Appeals)-29, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 06.04.2018 for the A.Y. 2013-14.
Assessee has raised the following grounds in its appeal: - “Disallowance of 10% of the Staff Welfare Expenses (a) The Commissioner of Income Tax Appeals -29 {CIT (A)} erred in facts & law in confirming disallowance of 10% of Staff Welfare expenses as reduced from the original 20% disallowed by the assessing officer. (b) The CIT (A) erred in fixing the disallowance at 10 % of the total Staff Welfare Expenses despite the fact that the AO had made an ad-hoc disallowance
(A.Y: 2013-14) M/s Axis Impex without any specific instance of inflated or bogus expenses as mentioned in the order. (c) The appellant prays that the no disallowance be made in absence of any findings of claim of inflated or bogus expenses”
The notice sent through RPAD was served and nobody appeared on behalf of the Assessee Firm. We observed from the record that the assessee vide letter dated 20th June, 2019 submitted that, considering the cost of fighting the appeal compared to the tax incidence and further to reduce the litigation burden, assessee do not want to press the appeal and requested for withdrawal of appeal. Contents of the letter filed by the assessee are as under: - “The above appeal was filed before us against the order of the CIT(Appeals)-29. The hearing of the above appeal is fixed on 01.07.2019. On analyzing the cost of fighting the appeal compared to the tax incidence, and further to reduce the litigation burden, we have decided not to pursue the further at the Tribunal level. We would request your honour to kindly consider our case and allow us to withdraw the appeal.
In view of the submissions of the assessee in its letter requesting for withdrawal of appeal, the appeal is permitted to be withdrawn.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on the 01st July, 2019