2019 (5) TMI 1682 - AT - Income Tax

Rectification u/s 154 pursuant to order passed by Hon ble Dispute Resolution Panel-I on certain grounds of appeal - HELD THAT - Assessee, at the outset, placed a brief note on record to submit that the assessee wishes to withdraw the stated appeal in view of the fact that adequate relief has already been granted by the Tribunal in INDIA MEDTRONIC PVT. LTD. 2019 (5) TMI 1681 - ITAT MUMBAI in an appeal filed by the assessee against final assessment order passed u/s 143(3) r.w.s. 144C(13). In view of the same, the issue under appeal becomes merely academic in nature. The Ld. CIT-DR raised no objection against withdrawal of the appeal. Appeal stands dismissed as withdrawn.

Summary

Issues:
Appeal against order passed by Ld. Assistant Commissioner of Income Tax-10(1)(1), Mumbai u/s 154 of the Act for AY 2013-14.

Analysis:
The appeal filed by the assessee contested the order passed by the Ld. Assistant Commissioner of Income Tax-10(1)(1), Mumbai under section 154 of the Act for Assessment Year (AY) 2013-14. This order was pursuant to the decision made by the Hon'ble Dispute Resolution Panel-I under Rule 13 of the Income Tax (Dispute Resolution Panel) Rules, 2009. The grounds of appeal were based on certain issues. The Authorized Representative for the assessee informed the Tribunal that the appeal was being withdrawn as sufficient relief had already been granted by the Tribunal in a previous order dated 08/05/2019 in another appeal filed by the assessee against the final assessment order passed under section 143(3) read with section 144C(13). The issue under appeal was considered academic in nature due to the relief granted in the previous order. The Ld. CIT-DR did not object to the withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn. The order was pronounced in open court on 16/05/2019.