Druva Software Pvt.Ltd, Pune V. Deputy Commissioner of Income-tax, Circle - 1(2), Pune

ITA 49/PUN/2019

AI Insights

Druva Software Pvt. Ltd. filed an appeal against the order of the Commissioner of Income Tax (Appeals)-1, Pune, dated 28.09.2018, concerning the assessment year 2012-13. The appeal was intended to contest the decision made under section 250 of the Income Tax Act, 1961. However, on 28.02.2023, the appellant submitted a letter requesting the withdrawal of the appeal to reduce tax litigations. Both parties' representatives were present, and the Department Representative did not object to the withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn without addressing the merits of the case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137157 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-02-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 13-01-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.49/PUN/2019 िनधाᭅरण वषᭅ / Assessment Year : 2012-13 Druva Software Pvt. Ltd., 6 th Floor, Muttha Chambers II, Senapati Bapat Marg, Pune- 411016. PAN : AACCD5703E Vs. DCIT, Circle-1(2), Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)- 1, Pune [‘the CIT(A)’] dated 28.09.2018 for the assessment year 2012-13. 2. At the outset, the ld. AR for the appellant filed a letter dated 28.02.2023 seeking permission to withdraw the above captioned appeal. The relevant contents of the said letter dated 28.02.2023 are as under :- Assessee by : Shri Nikhil Patankar Revenue by : Shri Ramnath P. Murkunde Date of hearing : 28.02.2023 Date of pronouncement : 28.02.2023 ITA No.49/PUN/2019 2 “Being aggrieved with the impugned order passed by the Commissioner of Income Tax (Appeals)-1, Pune u/s 250 of the Income Tax Act, 1961 on 28 September, 2018, the aforementioned appellant had preferred an appeal before your honour on 14 January, 2019. In order to reduce the tax litigations of the appellant company, my client intends to withdraw the said appeal which is pending before your honour. Accordingly this letter may please be considered as my client's application for withdrawal of the said appeal. Your honour may permit to withdraw the appeal by dismissing the appeal on the ground of withdrawal without going into merit. Your honour is therefore requested to be kind enough to consider the prayer and pass necessary order granting withdrawal of the aforementioned appeal. Trust, this will be done at an early date with due intimation to the appellant.” 3. On the other hand, the ld. Department Representative has no serious objection to permit the withdrawal of the appeal. 4. In the circumstances, we hereby grant permission to the appellant to withdraw the appeal. Accordingly, the above captioned appeal stands dismissed as withdrawn. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on this 28 th day of February, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 28 th February, 2023. Sujeet ITA No.49/PUN/2019 3 आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Pune. 4. The Pr. CIT-1, Pune. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.