MARC INDIA LTD.,NEW DELHI vs. PCIT- 06, NEW DELHI
What did the Tribunal hold?
The Tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn by the Tribunal.
What were the facts?
The assessee filed an appeal against an order of the Principal CIT for the assessment year 2012-13. The assessee's authorized representative subsequently filed an application requesting the withdrawal of the appeal.
What were the issues?
The primary issue was whether the assessee's appeal should be withdrawn as requested by their authorized representative.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘E’ NEW DELHI
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI O.P. KANT
the order dated 22/7/2016 passed by the Ld. Pr. CIT-06, New Delhi relating to assessment year 2012-13.
None appeared on behalf of the assessee. However, the assessee’s POA, Sh. Raj K. Aggarwal, has filed the Application dated 09.03.2018 in which he has requested for the withdrawal of the Appeal. For the sake of convenience, the contents of the Application are reproduced as under:-
“09th March, 2018
The Superintendent, , Income Tax Appellate Tribunal, New Delhi – 110 003
Sub:- Withdrawn of Appeal No. 5021/Delhi/16/ of M/s Marc India Limited for AY 2012-13. Respected sir, We shall like to inform that Appeal No. – 5021/Delhi/16 of M/s March india Limited for AY 2012-13 has been re-fixed for hearing with Hon’ble Bench-E for 27.3.2018. The assessee company is not interest to pursue the matter and decided to withdraw the above appeal. Furtehr we have also earlier requested for withdrawal of above appeal (photocopy ecnlsoed). You are requested to do the needful in this regard. Inconvenience caused is regretted. Thanking you,
Yours faithfully, Sd/- Raj K Aggarwal POA
Ld. CIT(DR) did not object the written request of the assessee’s POA.
We have heard Ld. DR and perused the records, especially the Application dated 09.03.2018 filed by the POA of the Assessee for withdrawal of its appeal. Keeping in view of the facts and circumstances of the case, as aforesaid, we accept the aforesaid request of the assessee’s POA for withdrawal of the Appeal and accordingly, we dismiss the Assessee’s Appeal as withdrawn.
In the result, the appeal of the assessee stands dismissed.
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