What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal. The Departmental Representative had no objection to the withdrawal.

The assessee filed an appeal against the assessment order for AY 2007-08. The appeal was listed for hearing, but the assessee did not appear. The assessee later filed an application to withdraw the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw their appeal against the assessment order.

Geet Surya Advertising & Publicity vs DCIT | ITAT Mumbai 2016

Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI

Before: Shri Saktijit Dey, & Shri Ashwani Taneja

For Appellant: Shri Nitin Waghmode (DR)

आदेश / O R D E R Per Ashwani Taneja (Accountant Member):

This appeal has been filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals)-22, Mumbai {(in short Ld. CIT(A)} dated 02.12.2011 for the assessment year 2007-08, passed against the assessment order passed by the Assessing Officer (in short ‘AO’) u/s 143(3) of the Act, on the following grounds:

2 Geet Surya Advertising & Publicity “1.The Learned Assessing Officer erred in making disallowance of Rs.3,48,000/- on account of depreciation on mobile hoarding Trucks your appellant prays that the same be allowed.

2. The Learned Assessing Officer erred in making addition of Rs.4,27,540/- on account of capital introduced by one of the Partner. Your appellant prays that the addition be deleted.

3. The Learned Assessing Officer made addition of Rs.31,843/on account of liability of chamundeshwari Auto Garrage. Your appellant had explained the reconciliation of liability. The addition on this ground be deleted.”

During the course of hearing, none appeared on behalf of the Assessee and arguments were made by Shri Nitin Waghmode, Departmental Representative (DR) on behalf of the Revenue.

It is noted that an application has been filed dated 19.01.2016 on behalf of the assessee by Mr. Jayant Shah, from M/s. Jayant & Co., Chartered Accountants, requesting for withdrawing of the appeal. Ld. DR has stated that he has no objection if appeal is withdrawn by the assessee.

In view of the above said facts and circumstances; we allow the application of the assessee and dismiss the appeal as withdrawn.

3 Geet Surya Advertising & Publicity

In the result, the appeal of the assessee is dismissed.

Order pronounced in the open court on 12th February, 2016.

GEET SURYA ADVERTISING & PUBLICITY,MUMBAI vs. DCIT 19(1), MUMBAI

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