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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI R. C. SHARMA & SHRI SANDEEP GOSAIN
सुनवाई की तायीख / : 14.7.2016 Date of Hearing घोषणा की तायीख / : 17.8.2016 Date of Pronouncement आदेश / O R D E R Per R. C. Sharma, A. M.: This is an appeal filed by the assessee against the order by the ld. CIT(A)-5, Mumbai dated 17.6.2013 for the assessment year (A.Y.) 2009-10, wherein following ground has been taken by the assessee :- ‘1. The honourable Commissioner of Income Tax (CIT) is not justified in reopening the assessment u/s. 263 of the Income Tax Act, 1961 on the ground that the appellant had furnished details during the course of assessment ignoring the fact that the a. Appellant had submitted all the details called for in the course of the assessment.
(A.Y. 2009-10) Magus Estates & Hotels Ltd. vs. CIT b. The assessing officer passed the order u/s. 143(3) after applying his mind and had called for all necessary details necessary and also scrutinized all the details submitted in the course of assessment.
At the outset the ld. AR drawn our attention to the letter dated 21.12.2015, wherein it was requested that since the original order u/s. 263 against which this appeal was preferred by the assessee stands quashed, the appeal become infructous. It was, therefore, requested to permit for withdrawal of the appeal. The ld. DR has no objection. Accordingly, we allow withdrawal of appeal.