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Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI RAMIT KOCHAR
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -16, Chennai, dated 05.04.2018 and pertains to assessment year 2013-14.
When the appeal was taken up for hearing, Sh. B.
Ramakrishnan, the Ld. representative for the assessee, submitted that the returned income was accepted by the Assessing Officer in the final assessment order passed consequent to the direction of the Dispute Resolution Panel. Even the rate of tax, which was objected by application under Section 154 of the Income-tax Act, 1961 (in short 'the Act') was also accepted by the Assessing Officer in the final order. According to the Ld. representative, the present appeal is arising out of the proceeding initiated under Section 154 of the Act in respect of determination of rate of tax. Since the rate of tax is accepted in the final assessment order, according to the Ld. representative, the proceeding initiated under Section 154 of the Act became infructuous. Consequently, the appeal filed before this Tribunal has become infructuous. Hence, the Ld. representative submitted that he was instructed to withdraw the appeal. The Ld. representative has also made endorsement to that effect in the appeal folder.
Dr. M. Srinivasa Rao, the Ld. Departmental Representative, has no objection to dismiss the appeal as withdrawn.
In view of the above, this appeal of the assessee is dismissed as withdrawn.
Order pronounced in the court open on 4th November, 2019 at Chennai.