SHRI DUDHGANGA VEDGANGA SAHAKARI SAKHAR KARKHANA LTD,BIRDI vs. ACIT, KOLHAPUR

The three appeals filed by the assessee are directed against the three separate order(s) of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi dated 16.07.2024, 28.06.2024 and 28.06.2024 pertaining to Assessment Years (“AYs”) 2010-11, 2011-12 and 2012-13 respectively.

The Ld. AR has filed three separate applications dated 15.10.2024 to withdraw these three appeals. All the three applications stating the common reason for withdrawal (except the variance in amount in respect of each AY) reads as under : “1. That the appellant had filed the above-mentioned appeal before this Hon'ble Tribunal against the order of the Commissioner of Income Tax (Appeals) dated 07.09.2021 wherein addition of Rs.68,40,97,045/- on account of cane price paid over FRP has been confirmed by him. 2. That the appellant had filed an application for rectification with the Assessing Officers 154 155(19) of the Income Tax Act, in view of the amendment to section 36(1)(xvi) of the Act and CBDT Circular No. 14 dated 27.07.2023 in respect of the additions made on account of excess cane price paid over FRP to cane growers.

That the Assessing officer has now passed an order u/s 154 155(19) r.w.s wherein Assessing Officer has deleted the additions of Rs.68,40,97,045/- and given relief to the Appellant. Therefore, the appellant has now in view of the order passed u/s 154 r.w.s 155(19) of the Act, no grievance before the Hon’ble IΤΑT.

The Ld. DR submitted that the Department has no objection in case the assessee wishes to withdraw all the three appeals.

In view of the above request of the assessee, all the three appeals are hereby dismissed as withdrawn.

In the result, all the three appeals of the assessee in 1598 & 1599/PUN/2024 are dismissed as withdrawn.