HYDRO PNEUMATIC ACCESSORIES INDIA P.LTD,MUMBAI vs. ITO 10(3)1, MUMBAI

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ITA 7736/MUM/2012Status: DisposedITAT Mumbai05 October 2017AY 2009-102 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee's counsel requested withdrawal of the appeal due to a low tax effect. The Revenue did not object, and the Tribunal permitted the withdrawal.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). The assessment year in question was 2009-10. The assessee's counsel sought to withdraw the appeal.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn based on a low tax effect.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

This appeal by the assessee is arising out of the order of CIT(A)-22 Mumbai, in appeal No. CIT(A)-22/ITO-10(3)(1)/IT.485/2011-12 dated 31.07.2012. The Assessment was framed by ITO ward 10(3), Mumbai for the A.Y. 2009-10 vide order dated 29-12-2011 under section 143(3) of the Income Tax Act, 1961(hereinafter ‘the Act’).

2.

At the outset, the learned Counsel for the assessee stated that he has instructions from the assessee to withdraw this appeal and hence, the withdrawal be permitted. The learned Counsel for the assessee filed letter dated 05-10-2017 and the text of the letter reads as under: -

M/s Hydro Pneumatic Accessories India Pvt. Ltd. “ref: M/s Hydro Pneumatic Accessories India Pvt. Ltd. PAN: AAACH1351A Assessment Year (‘AY’): 2009-10 Sub: Withdrawal of appeal The caption appeal is scheduled for dearing on 5th October, 2017, before ‘B’ Bench of the Hon’ble Tribunal. I have been authorized to appear for the same and the power of attorney in my favour is enclosed herewith.

It is submitted that the tax effect involved in the captioned appeal is very less and therefore, the appellant would like to withdraw the said appeal.”

3.

The learned Counsel Sr. DR has not objected to the withdrawal. In view of the above, we permit the withdrawal and accordingly, the appeal of assessee is dismissed as withdrawal.

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