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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: SHRI G.S. PANNU (AM) & SHRI RAM LAL NEGI (JM)
O R D E R
PER RAM LAL NEGI, JM
1. This appeal has been filed by the assessee against order dated 29/03/2017 passed by the Ld. Pr. Commissioner of Income Tax (Appeals)-9, Mumbai, under section 263 of the Income Tax Act, 1961 (for short ‘the Act’) for the assessment year 2012-13.
The assessee has challenged the impugned order passed by the Pr. Commissioner by raising the following effective ground of appeal:
“The order dated March 29, 2017, passed by the learned Principal Commissioner of Income Tax-9, (PCIT), Mumbai under section 263 of the Income tax Act, 1961 (‘Act) is not in accordance with the law and is contrary to the facts and circumstances of the present case. The assessment order 2 Assessment Year: 2012-13 passed by the learned Assessing Officer (AO) is neither erroneous nor prejudiced to the interest of revenue.
2. Based on the facts and circumstances of the case and in law the learned PCIT has erred in directing the Assessing Officer (AO) to examine the expenditure of INR 4,80,66,746/- incurred by the appellant on salary and bonus paid to the employees of the appellant company ignoring the fact that the AO had called for all the details in respect of this expenditure and had applied his mind.
3. The Learned PCIT has erred in holding that independent investigations have not been carried out by the AO ignoring the settled legal position that an assessment cannot be said to be erroneous and prejudicial to the interest of revenue merely because it is felt that some more enquiries and verification could have been made by the AO.
Each of the above grounds are independent and without prejudice to the other grounds preferred by the Appellant”.
At the outset, the Ld. Counsel for the appellant/assessee submitted that the assessee has moved an application for permission to withdraw the present appeal, hence the assessee may be allowed to withdraw the same. We have gone through the application dated 09.10.2017 filed by the assessee. The Ld. departmental representative submitted that he has no objection if the assessee is allowed to withdraw the present appeal.
In view of the submissions made by the Ld. counsel in the light of the application of the assessee, we allow the application filed by the assessee and dismiss the present appeal as withdrawn.
In the result, appeal filed by the assessee for assessment year 2012-13 2007 is dismissed as withdrawn.
3 Assessment Year: 2012-13