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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Pennzoil Quaker State India Commissioner of Income Tax-1 3rd Floor, R. No. 387 Ayakar Ltd. Trent House, 1st Floor, G Block Vs. Bhavan, M.K. RD, Mumbai-20 Plot No. C-60 BKC Bandra East, Mumbai-400 051 Appellant .. Respondent PAN No. AAACP7143C Assessee by .. Shri Dinesh Patil, AR Revenue by .. Shri B. Satyanarayanan Raju, DR Date of hearing .. 12-04-2017 Date of pronouncement .. 12-04-2017 O R D E R PER MAHAVIR SINGH, JM:
This appeal by the assessee is arising out of the order of CIT-1, Mumbai, in appeal No. Nil dated 11-03-2015. The Assessment was framed by ACIT Circle-1(2), Mumbai for the A.Y. 2008-09 vide order dated 22-10-2012 u/s 143(3) read with section 144C(13) of the Income Tax Act, 1961 (hereinafter ‘the Act’).
At the outset, the learned Counsel for the assessee field a letter dated 06- 04-2017, wherein he has requested for withdrawal of the appeal and the content of the letter reads as under: -
“We refer to captioned appeal, hearing for which is scheduled on 12 April 2017.
In this regard, the Appellant submit that the captioned appeal was filed on 15 May 2015 against the Order dated 11 March 2015 passed u/s. 263 of the Income-tax Act, 1961 ('the Act') by the Hon'ble Commissioner of Income- tax -1, Mumbai ('CIT') Post filing the captioned appeal, to give effect to the directions of the Hon'ble CIT, the Pennzoil Quaker State India Ltd. AY:08-09 learned Assessing Officer ('AU') passed an Order u/s. 143(3) read with section 263. Consequent to the order passed by the learned AO, there is no tax impact in the captioned AY. In view of this, the Appellant request your Honor to kindly allow to withdraw the captioned appeal and oblige.”
On query from the Bench, learned DR has not objected for withdrawal of the appeal. Accordingly, we permit the withdrawal and hence the appeal is dismissed as withdrawn.
In the result, the appeal of assessee is dismissed. Order pronounced in the open court on 12-04-2017.