What did the Tribunal hold?

The tribunal permitted the assessee to withdraw the appeal. The withdrawal was intended to reduce litigation and was not to be construed as acceptance of the Revenue's stand.

The assessee filed an appeal against an order for AY 2004-05. The assessee later filed an application to withdraw the appeal. The reason for withdrawal was to claim the expenditure in a subsequent year on a payment basis, considering it a timing difference.

What were the issues?

The primary issue was whether the assessee should be allowed to withdraw its appeal before the tribunal.

Yazaki India Private Ltd. vs Additional Commissioner of… | ITAT Pune 2018

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri Nachiket Barve

For Respondent: Shri Pankaj Garg

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the assessee against the order of Commissioner of Income Tax (Appeals)-5, Pune dated 23-02-2016 for the assessment year 2004-05.

The assessee has filed an application dated 04-10-2018 to withdraw the appeal. The relevant extract of the application reads as under :

2 ITA No. 1099/PUN/2016, A.Y. 2004-05

“In connection with the above captioned appeal, we wish to pray before Your Honours for withdrawal of appeal as the Appellant will claim the impugned expenditure in the subsequent year on payment basis and this will be nothing but a timing difference for the Appellant. In view of the above, to avoid number of litigation on same issue, the management is desirous of withdrawing the appeal for AY 2004-05, however this withdrawal is intended to reduce litigation and should not be construed as acceptance of Revenue's stand on this issue. In view of the foregoing, we request your Honour to kindly permit us to withdraw the appeal filed by us.”

Shri Pankaj Garg representing the Department submitted that the Department has no objection in case the assessee wishes to withdraw the appeal.

In view of the written request made by the assessee/appellant the appeal is dismissed as withdrawn.

Order pronounced in open Court after hearing of the appeal on Thursday, the 04th day of October, 2018.

Sd/- Sd/- (डी. करुणाकरा राव/D. Karunakara Rao) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 04th October, 2018 RK आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-5, Pune 3. 4. The Pr. Commissioner of Income Tax-4, Pune ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, “बी” बेंच, 5. ऩुणे / DR, ITAT, “B” Bench, Pune. गाडड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रयत // True Copy// आदेशानुसार / BY ORDER,

यनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

YAZAKI INDIA PRIVATE LTD.,PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,

What did the Tribunal hold?

What were the facts?

What were the issues?

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