INCOME TAX OFFICER 10(1)(4), MUMBAI vs. M/S.KHANNA DELTA STEEL PRIVATE LIMITED, MUMBAI

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ITA 7036/MUM/2018Status: DisposedITAT Mumbai04 April 2019AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the Revenue to withdraw its appeal. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2014-15. The Revenue later requested to withdraw the appeal.

What were the issues?

The core issue was disallowance under Section 14A, which had reached finality. The Revenue sought to withdraw the appeal as 'Not pressed'.

Which sections of the Income-tax Act were involved?

Section 14A,Section 253

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI C.N. PRASAD, HONBLE & SHRI RAJESH KUMAR, HONBLE

For Respondent: Shri Chaitanya S. Anjaria
Hearing: 04.04.2019Pronounced: 04.04.2019

O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)–51, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 05.09.2018 for the Assessment Year 2014-15.

2.

At the outset, Ld. DR submitted that, Revenue vide letter dated 14.02.2019 requested for withdrawal of appeal. Relevant portion of the letter is extracted below: -.

(A.Y: 2014-15) M/s. Khanna Delta Steel Private Ltd., “2. In case of M/s. Khanna Delta Steel Pvt. Ltd., PAN: AACCK2956L for the A.Y. 2014-15, the appeal u/s. 253 of the I T Act, 1961 was filed on 07/12/2018 on the core issue of disallowance u/s. 14A of the I T Act, 1961. Subsequently, Hon. Pr. CIT-10, Mumbai vide above referred letter dated 28/01/2019 (copy enclosed) has directed to withdraw the appeal filed before the Hon. ITAT in case of the above assessee i.e. M/s. Khanna Delta Steel Pvt. Ltd. PAN: AACCK2956L for the A.Y. 2014-15, for the reason being the issue of disallowance u/s. 14A of the I T Act, 1961 has been reached at finality and this case should be withdrawn as " Not pressed".

3. In view of the above, the appeal filed u/s. 253 of the I T Act, 1961 in case of the above mentioned assessee before the Hon. ITAT on 07/12/2018, may be withdrawn as "Not pressed".”

3.

In view of the above letter filed by Revenue before us, we permit the Revenue to withdraw the appeal. Accordingly, appeal of the Revenue is dismissed as withdrawn.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on the 04th April, 2019

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