M/S. BHAVIK RAJESH KHANDHAR SHARE & STOCK BROKERS P. LTD.,MUMBAI vs. DCIT CIRCLE 4(1), MUMBAI

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ITA 1387/MUM/2018Status: DisposedITAT Mumbai13 June 2019AY 2012-133 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 assessee requested to withdraw the appeal as they did not wish to contest the case further and wanted to end the protracted litigation. The DR had no objection.

What were the facts?

The assessee filed an appeal before the ITAT against the order of the CIT(A) for AY 2012-13. The assessment was framed by the DCIT under section 143(3) of the Act.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-9, in short CIT(A), in appeal 2 No. CIT(A)-9/Cir.4/266/2014-15 dated 22.06.2017. The Assessment was framed by the Dy. Commissioner of Income Tax, Circle 4(1), Mumbai (in short DCIT/ITO/ AO) for the A.Y. 2012-13 vide order dated 30.10.2014, under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

At the outset, the assessee has requested for withdrawal of this appeal vide letter dated 08.04.2019 as he does not want to contest this case further and want to end the protracted litigation, the relevant context of this letter read as under: - “sub: Withdrawal of appeal filed under section 250 of the Income-tax Act, 1961 (‘Act’)

We refer to the above referred appeal fixed for hearing before your Honour on 22 April, 2019, in this connection, we submit as under:

BRK humbly submits that if wishes to withdraw the captioned appeal filed before your Honour and it does not want to contest further considering there are no tax demands for the year and also to end protracted litigation.

We therefore request your Honour to kindly permit BRK to withdraw the appeal and oblige.

We regret the inconvenience caused to your Honour, in this regard.”

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