After Filling Appeal appellant can request withdraw of same if Tax Effect not significant

The captioned appeal is fixed for hearing before the Hon’ble ‘G’ Bench today. The appellant has received partial relief. As the tax effect of the remaining issue is not significant, the appellant does not wish to pursue the appeal. In the circumstances, kindly allow the appellant to withdraw the appeal.

INCOME TAX APPELLATE TRIBUNAL, MUMBAI

ITA No. 4053/Mum/2010 – Assessment Year-2006-07

M/s. Estate Enterprise Vs.  ITO

Date of pronouncement: 16.4.2012

O R D E R 

PER N.K. BILLAIYA (AM):

The present appeal is directed by the assessee against order of Ld. CIT(A)-29, Mumbai dt. 5.2.2010 for assessment year 2006-07.

2. The assessee has raised 4 grounds. The ground Nos. 1 & 2 have two sub-grounds.

3. At the outset, the Ld. Counsel appearing for the assessee moved an application dt. 16.4.2012 requesting for the permission to withdraw the appeal which is as under:

“The captioned appeal is fixed for hearing before the Hon’ble ‘G’ Bench today. The appellant has received partial relief. As the tax effect of the remaining issue is not significant, the appellant does not wish to pursue the appeal. In the circumstances, kindly allow the appellant to withdraw the appeal” 

4. We, therefore, permit the assessee to withdraw this appeal, which hereby stands dismissed as withdrawn.

5. In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the Open Court at the time of hearing on 16^th April, 2012