HINDUSTAN AEGIS LPG LTD.,MUMBAI vs. PR.CIT-1, MUMBAI

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ITA 2152/MUM/2018Status: DisposedITAT Mumbai04 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 Tribunal allowed the assessee's request to withdraw the appeal. The Departmental Representative had no objection to the withdrawal.

What were the facts?

The assessee sought to withdraw its appeal against an order passed by the Pr. Commissioner of Income Tax under Section 263. The assessee had received consequential relief in a subsequent assessment year and had another appeal pending.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn based on subsequent developments and pending proceedings.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” Bench, Mumbai

Before: Shri G. Manjunatha & Shri Ravish Sood

For Appellant: Ms. Urvi Mehta, A.R
For Respondent: Shri Manoj Kumar Singh, D.R
Hearing: 04.06.2019Pronounced: 04.06.2019

PER RAVISH SOOD, JM The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax-1, Mumbai, under Sec. 263 of the Income Tax Act, 1961, dated 26.02.2018. 2. The ld. Authorized Representative (for short ‘A.R’) for the assessee at the very outset of the hearing of the appeal submitted that the assessee seeks to withdraw the present appeal. The ld. A.R has placed on record a letter dated 31.05.2019 filed by the assessee seeking withdrawal of the present appeal.

3.

As is discernible from the aforementioned letter, it is claimed by the assessee that post the passing of the impugned order by the CIT

P a g e | 2 Hindustan Aegis LPG Ltd. Vs. Pr. Commissioner of Income Tax-1 under Sec. 263 and the consequential order passed by the A.O under Sec. 143(3) r.w.s 263, the assessee had requested for a consequential relief in the subsequent year i.e AY. 2013-14, which was allowed by the A.O, vide his order dated 08.03.2019 passed under Sec. 154 for A.Y. 2013-14. Apart therefrom, it is submitted by the assessee that the appeal against the order of the A.O under Sec. 143(3) r.w.s 263 is pending before the CIT(A)-2, Mumbai. On the basis of the aforesaid facts the assessee had sought the permission of the bench to withdrawn of the present appeal.

4.

The ld. Departmental Representative submitted that he had no objection in case the appeal of the assessee was allowed to be withdrawn. Accordingly, in the backdrop of the aforesaid facts the request of the assessee for withdrawal of the appeal is allowed.

5.

The appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 04.06.2019 (G. Manjunatha) (Ravish Sood) ACCOUNTANT MEMBER JUDICIAL MEMBER भ ुंफई Mumbai; ददन ुंक 04.06.2019 Ps. Rohit

P a g e | 3 Hindustan Aegis LPG Ltd. Vs. Pr. Commissioner of Income Tax-1 आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीर थी / The Appellant 1. प्रत्मथी / The Respondent. 2. आमकय आम क्त(अऩीर) / The CIT(A)- 3. आमकय आम क्त / CIT 4. विब गीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भ ुंफई /

5.

DR, ITAT, Mumbai ग र्ड प ईर / Guard file. 6. सत्म वऩत प्रतत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

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