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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Mahesh N. Shah Jt. Commissioner of Income Tax, Darshan Bldg, 16 Friend (OSD) 8(2) Society, 6JVPD Scheme, Vile Vs. Room No. 209, Aayakar Parle (W), Mumbai-400 056 Bhavan M.K. Road Mumbai-20 Appellant .. Respondent PAN No. AAEPS7737C Assessee by .. Shri Dharan Gandhi, AR Revenue by .. Shri Suman Kumar, DR Date of hearing .. 07-03-2017 Date of pronouncement .. 07-03-2017 O R D E R PER MAHAVIR SINGH, JM:
This appeal by the assessee is arising out of the order of CIT(A)-17, Mumbai, in appeal No. CIT(A)-17/IT-297/11-12 dated 20-11-2013. The Assessment was framed by JCIT (OSD) Circle-8(2), Mumbai for the A.Y. 2009- 10 vide order dated 01-12-2011 u/s 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’).
At the outset, the learned Counsel for the assessee stated that the assessee is not interested in prosecuting of this appeal and assessee wants to withdraw the appeal. The assessee vide letter dated 07-03-2017 urged as under: - “ Ref: Mr. Mahesh N. Shah v Jt. CIT AY 2009-10 The above appeal has been fixed for hearing today before the ‘B’ Bench. I have been authorized to appeal for the same. The letter of authority in my favour is already on record.
Under instructions, it is submitted that the assessee does not wish to pursue this appeal. It is therefore requested that the appeal may kindly be permitted to withdrawn.
Thanking you in anticipation,”
On query from the Bench the learned Sr. DR has not objected to the withdrawal of the appeal. Hence, withdrawal is permitted and appeal of assessee is dismissed.
In the result, the appeal of assessee is dismissed. Order pronounced in the open court on 07-03-2017.