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Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI G.D. AGRAWAL & SHRI K.NARASIMHA CHARY
Date of Hearing 23.07.2018 Date of Pronouncement 23.07.2018 ORDER PER K. NARASIMHA CHARY, J.M.
This is an appeal by the Assessee against the orders dated 30.06.2017 in Appeal No.80/2016-17 passed by the Ld. Commissioner of Income- tax (Appeals)- 1, Noida (for short hereinafter called “Ld. CITA”).
2. At the outset, learned AR filed a memo stating that the appeal is not pressed as the grounds have become academic and infructuous for the following reasons:
“1. The Assessing Officer allowed the power purchase cost at the rates at which power purchase was debited in the profit and loss account and not the invoiced amount as claimed by the appellant. The appellant contested the action of the Assessing Officer and hence this appeal.
As stated above, the appellant challenged the rates at which UPPCL raised the invoices and the matter travelled before the UPERC for determination of the final rate.
3. UPERC decided the rate issue in favour of the appellant and UPPCL did not file any appeal against the same, the issue had attained finality. Therefore, the present grounds 4(a) to 4(b) claiming billed amount has become academic and infructuous for the year.
4. It may not be out of place to mention that recently, the appeal of UPPCL in the earlier years on the rate issue which travelled to Supreme Court has been dismissed on the grounds of non- prosecution.
Without prejudice to the above, the appellant craves liberty to revive the appeal in the event the Hon’ble Supreme Court decides to re-consider the rate issue on merits for the earlier years. Ground Nos. 5 to 7 – Not pressed consequential to ground nos. 4(a) to 4(b). Ground Nos. 8(a) to 8(b) – Not pressed.”
Learned DR reports no objection to permit the withdrawal. Recording the same, we dismiss the appeal as withdrawn.
In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the Open Court on 23r d July, 2018.