BOMBAY DYEING REAL CO. LTD. , MUMBAI V. ITO-1(1)(3), MUMBAI

ITA 1572/MUM/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4614 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 19-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITA NAIR
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA no.1572/Mum./2020 (Assessment Year : 2015–16) Bombay Dyeing Real Estate Co. Ltd. Neville House, J.N. Heredia Marg Ballard Estate, Mumbai 400 001 PAN – AAACW8474H ................ Appellant v/s Income Tax Officer Ward–1(1)(3), Mumbai ................ Respondent Assessee by : Ms. Sakshi Dande Revenue by : Smt. Smita Nair, Sr. AR Date of Hearing – 22.06.2022 Date of Order – 22/06/2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been filed by the assessee challenging the impugned order dated 15/01/2020, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–2, Mumbai, [“learned CIT(A)”], for the assessment year 2015–16. 2. At the outset, the learned A.R. appearing for the assessee submitted that the assessee, vide letter dated 21/06/2022, filed before Bombay Dyeing Real Estate Co. Ltd. ITA No. 1572/Mum./2020 Page | 2 the Tribunal has prayed for withdrawal of the present appeal for the assessment year 2015–16. The letter dated 21/06/2022, is placed on record and the same reads as under:– “The hearing of the captioned appeal preferred by the Assessee is fixed before Your Honours tomorrow. In this connection, we wish to state as under: Considering the cost–benefit aspects of pursuing the captioned appeal and in order to avoid protracted litigation, the Appellant is desirous of withdrawing the captioned appeal. In view of the foregoing, may we request Your Honours to kindly permit the Appellant to withdraw its appeal and the appeal be dismissed being withdrawn.” 3. In view of the above, we accept the request of the assessee for withdrawal of its appeal for the assessment year 2015–16. 4. In the result, appeal by the assessee is dismissed as withdrawn. Order pronounced in the open court on 22/06/2022 Sd/- OM PRAKASH KANT ACCOUNTANT MEMBER Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 22/06/2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai