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(A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax, New Delhi-23, [“Ld. CIT”, for short], dated 31.08.2018 for Assessment Year 2015-16. Grounds taken in this appeal of Assessee are as under:
On the facts and circumstances of case and in law, the penalty order passed by the assessing officer is barred by limitation and the CIT(A) erred in ITA No.-6815/Del/2018 Sunit Kumar Singhal not holding so.
On the facts and circumstances of case and in law, the CIT(A) erred in making observations that unlike penalty u/s 271(l)(c), in case of penalty u/s 271AAB, there is no requirement of initiating the same during any other proceedings and that, therefore the A.O. can consider the issue afresh. These remarks / observations of the CIT(A) are erroneous, without jurisdiction and contrary to the provisions of law and therefore the same are not sustainable.
The appellant craves leave to add one or more ground of appeal or to alter / modify the existing ground before or at the time of hearing of appeal.
(B) In this case, a letter has been filed from the side of the appellant (the assessee), stating that the assessee is no more interested in pursuing the appeal, and that, therefore, the assessee was withdrawing the appeal. At the time of hearing before us, the Ld. Authorized Representative (“Ld. AR”, for short) for assessee informed that the assessee wanted to withdraw this appeal because the assessee is no more interested in pursuing the appeal. The Ld. AR of the assessee as well as the learned Commissioner of Income Tax (Departmental Representative) submitted before us, that this appeal may be treated as withdrawn and may be dismissed. After due consideration, in view of the foregoing; and as both sides have agreed to this; we treat this appeal as withdrawn in view of the aforesaid. Accordingly, this appeal is dismissed as withdrawn.
ITA No.-6815/Del/2018 Sunit Kumar Singhal This order was orally pronounced on 22nd November, 2021 in Open Court, in the presence of Representatives of both sides; after conclusion of the hearing. Now, this written order in writing is signed today on 23.11.2021.