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Facts
The assessee, Fluor Daniel India Private Limited, filed a Stay Application seeking a stay of outstanding demand for Assessment Year 2021-22. During the hearing, the assessee's counsel informed the Tribunal that the Assessing Officer had already passed a rectification order, reducing the final adjustment in the case to Rs. 9,503/-. The Ld. DR had no objection to this development.
Held
The Tribunal considered the rectification order dated 06.12.2024, which reduced the final adjustment to Rs. 9,503/-. Based on this and the request from the assessee's counsel to withdraw the appeal, the Tribunal deemed it proper to dismiss both the stay application and the corresponding appeal.
Key Issues
Whether the stay application and corresponding appeal should be dismissed following a rectification order by the Assessing Officer that significantly reduced the outstanding demand and the assessee's request for withdrawal.
Sections Cited
Rule 35A of the Income Tax Appellate Tribunal Rules, 1963, Section 154 of the Income Tax Act, Section 92CA(5) of the Income Tax Act
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Income Tax Appellate Tribunal, DELHI BENCH ‘FRIDAY-I’’ : NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI BRAJESH KUMAR SINGH, ACCOUTANT MEMBER
ORDER Per Mahavir Singh, VP This Stay Application under Rule 35A of the Income Tax Appellate Tribunal Rules, 1963 has been preferred by the assessee, seeking stay of the outstanding demand in dispute for the assessment year 2021-22.
At the time of hearing, Ld. Counsel for the assessee submitted that the instant stay as well as corresponding appeal may be disposed off, as rectification order has been passed by the Assessing Officer and final adjustment in this case has been reduced to Rs. 9503/-. In support of his contention, he filed a copy of rectification order passed u/s. 154 r.w.s 92CA(5) of the Act dated 6.12.2024. Ld. DR has no objection.
We have heard both the parties and perused the records. In view of aforesaid rectification order dated 6.12.2024 passed by the AO, wherein the final adjustment has been reduced to Rs. 9503/- and keeping in view of the request of the Ld. AR, as aforesaid, we deem it fit and proper to dismiss the stay application as well as corresponding appeal filed by the assesse being withdrawn.