SINGHANIA BUILDCON PVT. LTD.,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BHOPAL, BHOPAL
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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI RAVISH SOOD & SHRI ARUN KHODPIA
आदेश / ORDER PER RAVISH SOOD, JM: The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax (Central), Bhopal (for short ‘Pr. CIT’) u/s.263 of the Income-tax Act, 1961 (for short ‘Act’) dated 11.03.2022, which in turn arises from the order passed by the A.O. u/s.143(3) of the Act, dated 29.12.2019 for A.Y. 2017-18.
The Ld. Authorized Representative (for short ‘AR’) for the assessee at the very outset of the hearing of the appeal submitted that the assessee by filing the present appeal had assailed the order passed by the Pr. CIT, Bhopal u/s.263 of the Act, dated 11.03.2022, wherein the matter had been remanded to the file of the A.O for fresh adjudication. Elaborating on the reason for seeking withdrawal of the captioned appeal, the Ld. AR had taken us through a letter filed by the assessee company dated 19.04.2023 which reads as under:
“It is respectfully submitted that we had filed an appeal against the order u/s 263 on 06.05.2022 and the same is pending before the Hon'ble Bench, the assessee wishes to withdraw the aforesaid appeal and no longer wishes to agitate, hence, the assessee may kindly be allowed to withdraw the aforesaid appeal. Copy of Form 36 is enclosed herewith as Annexure "A".”
The Ld. AR submitted that the assessee seeks liberty to withdraw the present appeal.
3 Singhania Buildcon Private Limited Vs. Pr. CIT (Central), Bhopal ITA No. 83/RPR/2022 3. The Ld. Departmental Representative (for short ‘DR’) did not raise any objection to the seeking of withdrawal of the present appeal by the assessee appellant.
Considering the aforesaid factual position, we permit the withdrawal of the present appeal.
Resultantly, the appeal filed by the assessee is dismissed as withdrawn in terms of our aforesaid observations.
Order pronounced in open court on 20th day of April, 2023.
Sd/- Sd/- ARUN KHODPIA RAVISH SOOD (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) रायपुर/ RAIPUR ; �दनांक / Dated : 20th April, 2023 SB आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant. 2. ��यथ� / The Respondent. 3. The Pr. CIT (Central), Bhopal. 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, रायपुर ब�च, रायपुर / DR, ITAT, Raipur Bench, Raipur. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // �नजी स�चव / Private Secretary आयकर अपील�य अ�धकरण, रायपुर / ITAT, Raipur.
