ITAT dismisses appeal as withdrawn following assessee’s request to stop proceedings

Issue

Whether the Tribunal should grant permission to the assessee to withdraw the appeal filed for Assessment Year 2017-18 based on the counsel’s application.

Facts

Appeal Details: The assessee filed an appeal against the order of the Ld. CIT(A), Nagpur, dated 05/02/2024, for the Assessment Year 2017-18.
Application to Withdraw: During the course of the hearing, the Ld. Counsel for the assessee submitted a written application seeking to withdraw the appeal.
Reasoning: The application stated that the assessee was no longer interested in pursuing the appeal and had instructed the counsel to withdraw the same. This was supported by a copy of an email from the referring counsel.
Revenue’s Stance: The Ld. Departmental Representative (DR) did not raise any objection to the dismissal of the appeal as withdrawn.

Decision

Permission Granted: In view of the assessee’s specific request and the lack of objection from the Revenue, the Tribunal accepted the application.
Dismissal: The appeal was officially dismissed as withdrawn.
No Adjudication: As the appeal was withdrawn, no adjudication was made on the merits of the additions or the grounds of appeal.

Key Takeaways

Right to Withdraw: An appellant has the prerogative to withdraw their appeal at any stage before the final order is passed, provided they submit a formal application or instruction to the Tribunal.

Effect of Withdrawal: Withdrawing an appeal renders the lower authority’s order (in this case, the CIT(A)’s order) final and binding for that specific issue and assessment year.
THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, CHANDIGARH
HIMANI MADAN
C/o Tejmohan Singh, Advocate
#527, Sector 10-D, Chandigarh160011
Vs
The ITO
Ward-1 Shimla
Source :- 1764566958-EHenBB-1-TO