SUBHASH MELANIO COUTINHO,MUMBAI vs. ITO 19(3)(4), MUMBAI
What did the Tribunal hold?
The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn by the Tribunal.
What were the facts?
The assessee filed an appeal against an order passed under Section 271(1)(c) for the assessment year 2003-04. The assessee did not appear for the hearing and sent a letter stating they were no longer interested in pursuing the appeal.
What were the issues?
Whether the assessee is interested in pursuing the appeal and whether the appeal can be dismissed as withdrawn.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI SHAILENDRA KUMAR YADAV, JM & SHRI RAJESH KUMAR, AM
O R D E R PER RAJESH KUMAR, A. M: This is an appeal filed by the assessee against the order dated 10.6.2010 passed u/s 271(1) (c) by Commissioner of Income Tax-30, Mumbai, for assessment year 2003-04.
None appeared for and on behalf of the assessee; therefore, we proceed to dispose off this appeal ex-parte without the presence of assessee. However, at the time of hearing, we find from the record that the assessee has sent a letter dated 22.6.2016 informing the registry that the assessee is no longer interested in the appeal. When this fact was confronted to the ld. DR, he did not raised any objection on the letter written by the assessee.
2 7544/Mum/2013
In view of the factual aspect of the matter, we accept the request of the assessee and allow the assessee to withdraw the appeal for want of not interested in pursuing the appeal.
In the result, the appeal of the assessee is dismissed as withdrawn.
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