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Facts
The assessee's appeal was directed against the order of the Principal Commissioner of Income Tax-1. The assessee moved an application to withdraw the appeal because a fresh assessment order had been passed and accepted by both the assessee and the revenue.
Held
The assessee's counsel requested to withdraw the appeal. The Departmental Representative did not object to the withdrawal. The Tribunal considered the request and the lack of objection.
Key Issues
Whether the appeal should be allowed to be withdrawn as a fresh assessment order has been passed and accepted by the parties.
Sections Cited
263, 143(3)
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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SH. RAMIT KOCHAR & SH. SUDHIR KUMAR
ORDER PER SUDHIR KUMAR, JUDICIAL MEMBER:
This appeal by the assessee is directed against the order of the Principal Commissioner of Income Tax-1, Agra [hereinafter referred to as “PCIT”] vide order dated 31.03.2022 pertaining to assessment year 2017-18.
At the outset, the Ld. Counsel for Assessee moved an application dated 21.01.2025 requesting for the permission to withdraw the appeal. The relevant content of the abovementioned application is reproduced as under:
“The present appeal is filed against the order dated 31.03.2022 passed by the Principal Commissioner of Income Tax-1, Agra under section 263 of the Act directing the AO to pass fresh Assessment order d-novo. Pursuant to said order the AO has framed the fresh Assessment vide order dated 31.03.2023 (DIN No. ITBA/COM/F/17/2022- 23/1051822692(1)) under section 263/143(3) of the Act which stands accepted by the Assessee and Revenue as well. Xerox Copy of Assessment order is enclosed herewith. (Page-1-4) Assessee is advice to withdraw the appeal filed before the Hon'ble ITAT. It is therefore requested that appeal may kindly be allowed to be withdrawn.”
The Ld. Commissioner of Income Tax (Departmental Representative) did not object to withdrawal of the appeal by assessee. Accordingly, the appeal is dismissed as withdrawn and not pressed.
In view of the aforesaid, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 07.02.2025.