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Income Tax Appellate Tribunal, MUMBAI BENCHES “B”, MUMBAI
Before: SHRI R.C. SHARMA(AM) & SHRI SANDEEP GOSAIN (JM)
Date of Hearing : 25/07/2016 Date of pronouncement : 25/07/2016 O R D ER PER SANDEEP GOSAIN, JM :
The present appeal has been filed by the assessee against the order of Ld. CIT-II, Thane dt. 29/03/2012, on the ground mentioned herein below ; The Ld. ACIT has made the following additions tot he returned income, during course of fresh assessment u/s 143 r.w.s 263 of the Income Tax Act. A. Revision u/s 263 1. On the facts and circumstances of the case and in law, learned CIT has erred in revising the original assessment order u/s 263. B. Treatment of rental income as income from house property
2. On the facts and circumstances of the case the learned ACIT has erred in by treating the sum of Rs. 29,43,405/- as income from house property as against the assessee’s claim of treating the same as business income.
3. On the facts and circumstances of the case the learned ACIT has erred in not appreciating the fact assessee is in composite business of letting out of godowns along with rendering of allied services related to it.
4. The learned ACIT has erred in disallowing general purposes business expenditure amounting Rs. 14,23,492/- to the returned income. C. Disallowance of sales tax payment
In the facts and circumstances of the case and in law, the Ld. ACIT has erred in disallowing sum of Rs. 15,06,135/-, being sum paid towards sales tax (including interest on delayed payment)u/s 43B(a)
2. Today when the case was fixed for argument, the Ld. AR appearing on behalf of assessee moved an application for withdrawal of appeal. The contents of same are reproduced herein below:
The above mentioned appeal is filed against the order dated 25/09/2012 passed by Assistant Commissioner of Income Tax, Circle-1, Kalyan under section 143(3) r.w.s 263 of the Act. We have approached an advocate to appear in the above mentioned appeal.
During the course of preparation of the appeal, our counsel has advised us that we have wrongly filed the present appeal before the Hon’ble Appellate Tribunal instead of filing the same before the Ld. Commissioner of Income Tax (Appeals). 3. As we are not familiar with the income tax proceedings and our earlier tax consultant has abruptly left us, we accept our mistake in filing the present appeal before the Hon’ble Appellant Tribunal instead of filing the same before Ld. Commissioner of Income Tax (Appeals). 4. In view of the above, we request the Hon’ble Bench to allow us to withdraw the abovementioned appeal with the liberty to file an appeal before the Ld. Commissioner of Income Tax (Appeals) as per the provisions of Income Tax Act, 1961 and oblige.
After considering the contents of the application we allow the assessee to withdraw the appeal therefore the appeal filed by the assessee is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed.