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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: SHRI G.S. PANNU (AM) & SHRI RAM LAL NEGI (JM)
PER RAM LAL NEGI, JM This appeal has been filed by the assessee against order dated 17/12/2015 passed by the Ld. Commissioner of Income Tax (Appeals)-47, Mumbai, for the assessment year 2008-09, whereby the Ld. CIT (A) has dismissed the appeal filed by the assessee against order passed by the AO u/s 154 of the Income Tax Act, 1961 (for short ‘the Act’).
The assessee has challenged the impugned order passed by the Ld. CIT (A) on the following effective ground:-
“On the facts and circumstances of the case and the law, the Learned CIT (A) has erred in confirming the action of Learned Assessing Officer in charging interest u/s 234A of the Income Tax Act, 1961 of Rs. 7,44,479/- without considering the facts and circumstances of the case.”
2 Assessment Year: 2008-09
This appeal was fixed for hearing for today. Shri Pawan Arya, Managing Partner M/s Arya Ship Breaking Corporation had submitted the application dated 01.11.2017 for permission to withdraw the appeal without assigning any reason.
The Ld. Departmental Representative submitted that the department has no objection in case the application for withdrawal of the appeal is allowed. In view of the written submissions made by Sh. Pavan Arya, we allow the application and dismiss the appeal as withdrawn.
In the result, appeal filed by the assessee for assessment year 2008-2009 is dismissed.
Order pronounced in the open court on 2nd. November, 2017. (G.S. PANNU) JUDICIAL MEMBER म ुंबई Mumbai; दिन ुंक Dated: 02/11/2017
Alindra, PS
आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file.
3 Assessment Year: 2008-09
आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //// उि/सहायक िंजीकार (Dy./Asstt.