2019 (1) TMI 2004 - AT - Income Tax

Disallowance of claim u/s 80IB(10) - rectification petition u/s 154 filed before the CIT(A) has been addressed by passing an order allowing the claim - HELD THAT - On perusal of the assessee's letter and having no objection from the side of Ld. DR, we allow the request of the assessee to withdraw the appeal. Accordingly, the grounds raised by the assessee are dismissed as withdrawn .

Summary

Issues involved:
Withdrawal of appeal by the Assessee against the order of CIT(A)-3, Pune, dated 27-07-2016 for the Assessment Year 2012-13.

Analysis:

The appeal was filed by the Assessee against the order of CIT(A)-3, Pune, which confirmed the disallowance of claim under section 80IB(10) of the Income Tax Act, 1961 for the Assessment Year 2012-13. The Assessee submitted a letter dated 29.01.2019 expressing the desire to withdraw the appeal. The letter stated that a rectification petition under section 154 had been filed before the CIT(A) and was addressed by passing an order allowing the claim. Due to this development, the Assessee found the appeal to be infructuous and proposed to withdraw it. The Ld DR had no objection to the withdrawal of the appeal by the Assessee.

Upon reviewing the Assessee's letter and considering the absence of objections from the Ld DR, the Appellate Tribunal allowed the Assessee's request to withdraw the appeal. Consequently, the grounds raised by the Assessee were dismissed as "withdrawn." The Tribunal pronounced the order on 30th January 2019, officially dismissing the appeal of the Assessee as "withdrawn."

In conclusion, the Tribunal accepted the Assessee's request to withdraw the appeal due to the rectification petition addressed by the CIT(A), which allowed the claim under section 80IB(10) of the Income Tax Act, rendering the appeal infructuous. The withdrawal was permitted, and the appeal was officially dismissed as "withdrawn" by the Tribunal.