What did the Tribunal hold?

The assessee's counsel submitted that they wished to withdraw the appeal. The Departmental Representative had no objection, and the Tribunal granted permission for the withdrawal.

The assessee filed an appeal against the order of the CIT(A) concerning a disputed demand. The assessee's grounds of appeal primarily related to the CIT(A)'s failure to grant a stay on the disputed demand.

What were the issues?

Whether the CIT(A) erred in not granting a stay on the disputed demand and whether the CIT(A) possessed the power to grant such a stay.

Astra Exim P.Ltd vs ITO | ITAT Mumbai 2018

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI SANDEEP GOSAIN, JM

For Appellant: Shri Akash Kumar, Shri S. K. Saikia

For Respondent: Shri S. K. Saikia

O R D E R Per Shamim Yahya, A. M.: This appeal by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) dated 16.08.2016, pertaining to the assessment year 2007-08.

The grounds of appeal

read as under:

1. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in not granting the stay of disputed demand of Rs.29,97,91,880/-.

2. On the facts and circumstances of the case and law, the Ld. CIT(A)failed to appreciate that the Ld. CIT(A) have inherited power to grant the stay.

3. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in directing to approach the Assessing Officer for stay of demand when he himself have power to grant the stay of demand.

M/s. Astra Exim Pvt. Ltd. 4. The assessee craves leave to add further grounds or to amend or alter the existing grounds of appeal on or before the date of hearing.

3. At the outset in this case the learned counsel of the assessee submitted that he shall be withdrawing the appeal.

The ld. Departmental Representative did not have any objection to this proposition.

Upon careful consideration, we have granted permission to withdraw the appeal. Accordingly this appeal is dismissed as withdrawn.

In the result, this appeal filed by the assessee stands dismissed as withdrawn. Order pronounced in the open court on 02.07.2018 Sd/- Sd/- (Sandeep Gosain) (Shamim Yahya) �या�यक सद�य / Judicial Member लेखा सद�य / Accountant Member मुंबई Mumbai; �दनांक Dated : 02.07.2018 व.�न.स./Roshani, Sr. PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��यथ� / The Respondent 2. आयकर आयु�त(अपील) / The CIT(A) 3. आयकर आयु�त / CIT - concerned 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, ITAT, Mumbai 5. गाड� फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

ASTRA EXIM P.LTD,MUMBAI vs. ITO 9(1)(4), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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