M/S AJAY AGARWAL,JAIPUR vs. CIT(IT) DELHI-1 AT JAIPUR, JAIPUR
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT against an order of the CIT(IT). During the hearing, the assessee's representative stated that the appeal was filed under a mistaken belief as the order was not appealable.
What were the issues?
Whether the appeal filed against a non-appealable order can be withdrawn by the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR
Before: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 43/JP/2021
ORDER PER: SANDEEP GOSAIN, J.M. This appeal has been filed by the assessee against the order of the ld. CIT(IT), Delhi-1 at Jaipur dated 26/03/2021 for the A.Y. 2018-19.
At the time of hearing, the ld. AR appearing on behalf of the assessee had stated at bar that the assessee wants to withdraw the present appeal as the order against which the present appeal has been filed before the ITAT is not appealable and under misundertaken believe, the present appeal has been filed.
2 ITA 43/JP/2021_ Ajay Agarwal Vs CIT(IT) 3. The ld. DR has raised no objection if the Bench permits the assessee to withdraw the present appeal. Therefore, considering the request of the ld. AR, we permit the assessee to withdraw her appeal.
In the result, this appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 24th February, 2022.
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