In case the nature of the appeal is academic it can cause withdrawal of the appeal

Last updated: 25 January 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Respectfully submits that pursuant to the order of Ld. CIT, the assessment order has been passed by the Ld. AO and Ld. AO did not make any addition in the assessment order. Copy of assessment order is enclosed herewith. Hence the present appeal remains only of academic nature. Therefore, the appellant wants to withdraw the appeal and request Your Honours to kindly allow him to withdraw the appeal and oblige

Citation :
Rajesh Jain Port fol io Pvt . Ltd.Green Road,Rohtak (Cross-Objector) V/s.Commissioner of Income-tax, Rohtak(Respondent)

IN THE INCOME TAX APPELLATE TRIBUNAL Delhi ‘F’ BENCH

Before Shri U.B.S.Bedi, JM & Shri A.N. Pahuja, AM

ITA No.2565/Del /2011

Assessment Year:2007-08

Rajesh Jain Port fol io Pvt . Ltd.

Green Road,Rohtak

(Cross-Objector)

V/s.

Commissioner of Income-tax, Rohtak

(Respondent)

[PAN:AADCR2530E]

Assessee by:- None

Revenue by:- Shri Sudesh Garg, DR

Date of Hearing:- 18-01-2012

Date of Pronouncement :- 18-01-2012

O R D E R

A.N.Pahuja:-

This appeal filed on 16.5.2011 by the assessee against an order dated 7.3.2011 u/s 263 of the Income-tax Act,1961[hereinafter referred to as the ‘Act’] of the ld. CIT-Rohtak, raises a number of grounds

2. When the appeal was called for hearing, a letter dated 9.1.2012 signed by the director of the company was placed before us, wherein the assessee sought permission to withdraw the appeal. It is mentioned in the letter received on 17.1.2012 as under:

“Respectfully submits that pursuant to the order of Ld. CIT, the assessment order has been passed by the Ld. AO and Ld. AO did not make any addition in the assessment order. Copy of assessment order is enclosed herewith. Hence the present appeal remains only of academic nature. Therefore, the appellant wants to withdraw the appeal and request Your Honours to kindly allow him to withdraw the appeal and oblige.”

3. To a query by the Bench, the ld. DR did not raise any objection to withdrawal of the appeal.

4. In view of the foregoing, appeal is dismissed as withdrawn.

Order pronounced in open Court

Sd/- Sd/-

(U.B.S.Bedi) (A.N.Pahuja)

Judicial Member Accountant Member

Copy of the order forwarded to :

The Assessee/ CIT-Rohtak / DR-F Bench,New Delhi/ Guard file

By order

Deputy Registrar of ITAT, New Delhi Bench