VNC INFRAPROJECTS,MUMBAI vs. DCIT 24(3), MUMBAI

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ITA 4256/MUM/2015Status: DisposedITAT Mumbai27 July 2016AY 2009-102 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee's request to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the CIT(A). At the time of hearing, the assessee's representative requested permission to withdraw the appeal. The Revenue had no objection to this request.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn. The assessee explicitly stated they did not wish to pursue the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

Before: SHRI G.S.PANNU & SHRI RAVISH SOOD

For Appellant: Shri Hitesh Shah
For Respondent: Shri Javed Akhtar
Hearing: 27/07/2016Pronounced: 27/07/2016

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I”, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER (Assessment Year : 2009-10) VNC Infraprojects, 29/B, 1st Floor, Panchratna Building, S.V.Road, Goregaon (West), Mumbai 400 090 PAN:AAPFM1184L ... Appellant Vs. The DCIT -24(3), Pratyashyakar Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai 51. .... Respondent Appellant by : Shri Hitesh Shah Respondent by : Shri Javed Akhtar Date of hearing : 27/07/2016 Date of pronouncement : 27/07/2016 ORDER PER G.S.PANNU,A.M:

The captioned appeal filed by the assessee pertaining to assessment year 2009-10 is directed against an order passed by CIT(A)- 42, Mumbai dated 12/05/2015, which in turn arises out of an order passed by the Assessing Officer under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short ‘the Act’) dated 23/04/2014.

2.

At the time of hearing, Ld. Representative for the assessee made a request for permission to withdraw the appeal. In this connection, Ld. Representative for the assessee has submitted a letter dated 27/07/2016, which read as under:-

“Under the instructions from our above client and with respect to appeal No.4256/Mum/2015, we would like to convey that our client does not want to pursue the appeal field and hence it is humbly prayed that the appeal shall be withdrawn and hence decide accordingly. In anticipation of kind co-operation, we remain.”

Ld. Departmental Representative for the Revenue has no objection to the aforesaid plea of the assessee. 3. Accordingly, the appeal of the assessee is dismissed as withdrawn. The above decision was pronounced in the open court in the presence of both the parties at the conclusion of the hearing on 27/07/2016.

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