M/S. HARYANA LEATHER CHEMICALS LTD.,JIND vs. ACIT, BHIWANI

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ITA 3704/DEL/2015Status: DisposedITAT Delhi04 September 2018AY 2008-092 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 noted the assessee's request to withdraw the appeal, stating that the assessment had already been framed after the case was set aside. The Tribunal then proceeded to dismiss the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT. During the hearing, the assessee's counsel requested to withdraw the appeal. The Revenue did not object to the withdrawal.

What were the issues?

The primary issue was the assessee's request to withdraw an appeal filed against a revisionary order under Section 263, as the underlying assessment had been completed.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

For Respondent: Smt. Meeta Singh, CIT DR
Hearing: 04.09.2018Pronounced: 04.09.2018

ORDER

Per N. K. Saini, AM:

1.

This is an appeal by the assessee against the order dated 07.04.2015 of ld. CIT, Hisar.

2.

During the course of hearing, the ld. Counsel of the assessee submitted that he has the instruction to withdraw this appeal and furnished a copy of request letter dated 28.08.2018 signed by the Managing Director of the assessee company which is placed on record.

3.

In his rival submissions, the ld. DR did not object if the appeal of the assessee is dismissed as withdrawn.

4.

After considering the submissions of both the parties and the material available on record, it is noticed that the Managing Director of the assessee company furnished a letter dated 28.08.2018 stating therein as under:

Haryana Leather Chemicals Ltd. “Reg: Haryana Leather Chemicals Ltd., 72-77 Industrial Estate, New Hansi Road, Jind, for Asstt. Year 2008-09 Sub: Request for withdrawal of appeal It is very humbly submitted that we had filed the above said appeal before the Hon'ble Bench against the order of Pr. Commissioner of Income Tax, Hissar u/s 263. The above said appeal has been fixed for hearing before Bench "C" of the Tribunal on 04.09.2018. It is submitted that we wish to withdraw the above said appeal and, as such, the necessary permission for the same may, please, be granted since the assessment has already been framed by the Assessing Officer after the case was set aside by the Pr. CIT vide order, dated 07.04.2018 and oblige.” Thanking you, Yours faithfully, For Haryana Leather Chemicals Ltd. Sd/- Pankaj Jain Managing Director 4. In view of the above, the appeal of the assessee is dismissed as withdrawn.

5.

In the result, the appeal filed by the assessee is dismissed. (Order Pronounced in the Court on 04/09/2018)

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