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Income Tax Appellate Tribunal, DELHI BENCH “F”, NEW DELHI
Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI
ORDER
PER H.S. SIDHU, JM
The Assessee has filed this appeal against the order dated 17/12/2015 passed by the Ld. CIT(A)-3, New Delhi relating to assessment year 2012-13.
During the hearing, Mr. Prakash Agarwalla, Vice President/Authorised Signatory of the assessee company has sought permission to withdraw the by filing the Application dated 05.12.2017. The contents of the aforesaid Application dated 05.12.2017 read as under:-
“This is with reference to the captioned matter which is currently pending before the Hon’ble F Bench of the Income Tax Appellate Tribunal (ITAT).
By way of this letter, the assessee make request of withdrawal of captioned appeal and fixation thereof. It is submitted that the captioned appeal is filed against disallowance under section 14A of the Act partly confirmed by the Ld. CIT(A).
The CIT(A) in its order directed the AO to make disallowance only to the extent of dividend received during the year. The Department being aggrieved, filed an appeal vide Appeal No. 979/Del/2016. The said appeal filed by the Department has recently been dismissed by the Hon’ble B Bench vide order dated 15.11.2017. A copy of the order passed by the Hon’ble B Bench of the ITAT is attached herewith for your Honour’s kind reference as Annexure-1.
In such circumstances, the Company wishes to withdraw its appeal filed vide appeal number 679/Del/2016 due to smallness of amount involved in the captioned appeal i.e. INR 46,636 and also in light of the order passed by the Hon’ble B Bench of the ITAT in Department’s appeal.
We trust that your honour would accede to our request.” 2
Ld. DR has not raised any objection to the aforesaid contention made in the Application of the assessee’s authorized signatory.
We have the Ld. DR perused the records, especially the Application dated 05.12.2017 filed by Mr. Prakash Agarwalla, Vice President/Authorised Signatory of the Assessee for withdrawal of appeal. Keeping in view of the facts and circumstances of the case, we accept the aforesaid request of the assessee for withdrawal of the Appeal and accordingly, we dismiss Appeal as withdrawn.
In the result, the appeal of the Assessee is dismissed.
Order pronounced in the Open Court on 18/01/2018.