Loading judgment…
Facts
The assessee filed an appeal against the final assessment order. During the pendency of the appeal, the assessee filed a withdrawal application stating that rectification applications were filed before the TPO and AO, which led to deletion of additions and provided relief.
Held
The Tribunal noted that the assessee had received relief through rectification orders and no objection was raised by the Revenue for withdrawal.
Key Issues
Whether the appeal can be dismissed as withdrawn when the assessee has obtained relief through subsequent rectification orders.
Sections Cited
143(3), 144C(13), 144B, 154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘I’: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI BRAJESH KUMAR SINGH
Date of Hearing 29.08.2025 Date of Pronouncement 29.08.2025 ORDER PER BRAJESH KUMAR SINGH, AM,
This appeal by the assessee is directed against the final assessment order dated 31.03.2022 passed under Section 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income-Tax Act, 1961(hereinafter referred as ‘the Act’) pertaining to Assessment Year 2017-18 arising out of direction dated 15.02.2022 of the Depute Resolution Panel (DRP)-1, New Delhi.
None appeared on behalf of the assessee. However, the assessee has moved an application dated 26.08.2025 for withdrawal of present appeal filed by it. The assessee in its application stated that the assessee had also filed rectification application before the TPO and the Assessing Officer for the key grounds taken in the captioned appeal, since, the same amounted to mistakes apparent from records u/s 154 of the Act. It was further submitted by the assessee in its withdrawal application that the pursuant to filing of rectification application, the TPO had duly passed the rectification order dated 31.08.2022 deleting the TP addition proposed by him to the returned income of the assessee, post which the ld. Assessing Officer had also passed the rectification order dated 15.06.2023. It was further submitted that as the assessee has already got the relief by way of above rectification orders, and therefore requested to withdraw the present appeal.
The Ld. Sr. DR for the Revenue has no objection to the withdrawal of the said appeal.
We have heard the ld. Sr. DR and perused the materials available on record. Considering the facts stated in the application of the assessee, the present appeal of the assessee is dismissed as withdrawn.
In the result, this appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 29th August, 2025.