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Facts
The assessee filed an appeal challenging the disallowance made under section 14A read with Rule 8D. The assessee also filed another appeal on the same issue. As there was no option to withdraw the first appeal, and a second appeal on the same issue was pending, the assessee sought to withdraw the present appeal.
Held
The Tribunal observed that another appeal on the same issue was pending. In light of the assessee's request and the pending appeal, the Tribunal decided to dismiss the present appeal as withdrawn.
Key Issues
Whether the present appeal should be dismissed as withdrawn, given that another appeal on the same issue is pending adjudication.
Sections Cited
14A, Rule 8D, 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA, AM
O R D E R Per Kavitha Rajagopal, J M:
This appeal has been filed by the assessee, challenging the order of the learned Commissioner of Income Tax (Appeals) (‘ld.CIT(A) for short), National Faceless Appeal Centre (‘NFAC’ for short) passed u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2018-19.
The assessee in this appeal has challenged the disallowance u/s. 14A r.w.s. Rule 8D made by the learned Assessing Officer (ld. A.O. for short) and upheld by the ld. CIT(A).
During the appellate proceeding, the learned Authorised Representative (ld. AR for short) for the assessee submitted that this appeal was registered with Delhi Tribunal for the reason that the original assessment order was passed by National Faceless
(A.Y.2018-19) BSE Limited vs. NFAC Assessment Centre, Delhi and only out of abundant caution, the assessee had filed another appeal on the same issue before the Mumbai Bench on the same day, wherein it was numbered as ITA No.2662/Mum/2024. The ld. AR further stated that as there was no option available on the e-portal to withdraw the appeal with the Delhi Bench, the assessee received an email dated 20.05.2024 stating that the appeal filed before the Delhi Bench has been transferred to the Mumbai Bench as the jurisdictional A.O. was from Mumbai.
The ld. AR has now filed an application for withdrawing the present appeal for the reason that is already pending adjudication with the Mumbai Bench for the same cause of action, which is posted for hearing on 19.08.2024.
The learned Departmental Representative (ld. DR for short) had nothing to controvert the said facts.
On perusal of the above, we deem it fit to dismiss this appeal as withdrawn.
Needless it is to say that this order would not in any way have an impact in the assessee’s main appeal, i.e., and the same is to be decided on the merits of that case.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open court on 30.07.2024