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Income Tax Appellate Tribunal, ‘K’ BENCH, MUMBAI
Before: SHRI G.S.PANNU, AM & SHRI RAVISH SOOD, JM
आदेश / O R D E R
PER RAVISH SOOD, JUDICIAL MEMBER
The present appeal filed by the assessee is directed against the order passed by the A.O under Sec. 143(3) r.w.s 144C(13) of the Income tax Act, 1961 (for short ‘Act’), dated 31.10.2014 for AY: 2010-11.
The Authorized Representative (for short ‘A.R’) for the assessee Shri Tushar Hathiramani, Chartered Accountant had submitted that as the A.O had failed to give effect to the directions issued by the ‘Dispute Resolution
P a g e | Morgan Stanley Vs. DCIT Panel’ (for short ‘DRP’), dated 10.10.2014, therefore, the assessee being aggrieved had assailed the assessment order passed by the A.O under Sec. 143(3) r.w.s 144C (13) before the Tribunal. It was submitted by the ld. A.R that in the meantime the assessee had also filed an application seeking rectification of mistake with the A.O on 27.11.2014, therein requesting that mistakes be rectified and the order be brought in conformity with the directions of the ‘DRP’. The ld. A.R submitted that as the A.O had rectified the mistakes apparent from the record, vide his order passed under Sec. 154 of the ‘Act’, dated 30.04.2015, therefore, the very basis on which the appeal was filed before the Tribunal thus no more survives. The ld. A.R in the backdrop of the aforesaid facts had sought the permission of the Tribunal to allow withdrawal of the present appeal, viz. ITA No. 7609/Mum/2014. The ld. A.R had placed on record a letter of the assessee wherein a request seeking permission for withdrawal of the present appeal in the backdrop of the aforesaid facts had been raised before us. The ld. Departmental Representative (for short ‘D.R’) had not objected to the request of the assessee seeking withdrawal of the present appeal.
We have considered the aforesaid request of the assessee and as requested allow the withdrawal of the present appeal.
The appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 05.10.2017