M/S. BACKBONE MNMP HIGHWAY PVT. LTD.,RAJKOT vs THE PR.CIT-3, RAJKOT

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Ms. Devina Patel. A.R

For Respondent: Shri Shramdeep Sinha, CIT-D.R

आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:-

Page No 2 M/s. Backbone MNMP Highway Pvt. Ltd. vs. Pr. CIT

This assessee’s appeal for A.Y. 2015-16, arises from order of the Principal Commissioner of Income Tax PCIT-3, Rajkot dated 24-03-2020, in proceedings under section 263 of the Income Tax Act, 1961; in short “the Act”.

At the time of hearing, ld. counsel for the assessee has requested to withdraw the appeal filed vide letter dated 19th April, 2023. The content of the said application is reproduced below:-

“The above referred matter is fixed for hearing before your honor on 20-04-2023. However, we have to submit that consequential order u/s 143(3) r.w.s. 263 dated 24-09-2021 has been passed by the A.O. wherein our returned income is accepted and order u/s 92CA(3) of the Act has been passed by the DCIT TP - 1, Ahmedabad on 29-07-2021, wherein no adjustments have been made to the arm's length price of the transactions. Hence, since we are no longer aggrieved by the order u/s 263 of the Act dated 24-03-2020, we would like to withdraw our aforesaid appeal filed against the same.”

The Revenue is fair enough in not objecting assessee’s withdrawal application. In view of the above, we therefore accept assessee’s request for withdrawing the appeal filed.

Page No 3 M/s. Backbone MNMP Highway Pvt. Ltd. vs. Pr. CIT

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 21-04-2023

M/S. BACKBONE MNMP HIGHWAY PVT. LTD.,RAJKOT vs. THE PR.CIT-3, RAJKOT