INCOME TAX APPELLATE TRIBUNAL (MUMBAI BENCH)
PBA INFRASTRUCTURE LIMITED MUMBAI – Appellant
Versus
DCIT CENTRAL CIRCLE 5(1) MUMBAI – Respondent
ITA 3829/MUM/2025[2003-04]
IN THE INCOME-TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER &
SHRI ARUN KHODPIA, ACCOUNTANT MEMBER ITA 3829/MUM/2025 (A.Y. 2003-04)
ITA 4066/MUM/2025 (A.Y. 2013-14)
PBA Infrastructure Limited v/s. Deputy Commissioner of 611/3, Prakash, V.N. Purav बनाम Income Tax, Central Circle Marg, Chembur, Mumbai – – 5(1), Aaykar Bhavan, 400 071, Maharashtra Churchgate, Mumbai –
400 020, Maharashtra स्थायी लेखा सं ./ जीआइआर सं ./ PAN/GIR No: AAACP7564K Appellant/अपीलार्थी .. Respondent/प्रतिवादी
Assessee by : Shri Nishit Gandhi, Adv. Revenue by : Mr. R.A. Dhyani, CIT DR Mr. Virabhadra S. Mahajan, Sr. DR Date of Hearing 11.03.2026 Date of Pronouncement 18.03.2026 आदेश / O R D E R PER BENCH The aforesaid appeals have been preferred by the assessee against the order dated 22.07.2019 passed by the learned Commissioner of Income Tax (Appeals)-53, Mumbai arising out of the assessment framed under section 143(3) read with section 153A of the Income Tax Act, 1961 for the assessment year 2013–14, as well as against the order dated 30.12.2020 passed by the learned Commissioner of Income Tax (Appeals)-53, Mumbai arising out of the assessment framed under section 143(3) of the Act for the assessment year 2003-04.
2. At the very outset of hearing, the learned counsel appearing on behalf of the assessee submitted that the assessee does not wish to pursue the present appeals. In this regard, a letter dated 11.03.2026 addressed to this Tribunal has been filed seeking leave to withdraw the aforesaid appeals, inter alia, on the ground that the taxes arising from the impugned assessments have already been duly paid and the assessee, in order to curtail further litigation, does not intend to agitate the issues any further.
3. For the sake of completeness, the contents of the said letter dated 11.03.2026 are reproduced hereunder:
Sub: Request for withdrawal Re: PBA Infrasture Limited I.T.A. No.: 3829/M/25 (Α.Υ.: 2003-04)[Quantum]
I.T.A. No.: 4066/M/25 (Α.Υ.: 2013-14)
Ref: Hearing on: 11.03.2026 With reference to the above appeals, the Appellant most humbly seeks Your Honours leave to withdraw the said appeals as the taxes have already been paid and the appellant company wants to curtail the litigation on the same.
As such, we kindly request your Honours to grant leave withdraw the above appeals.
4. We have carefully considered the request made by the assessee and have also perused the contents of the aforesaid letter placed on record. It is a settled proposition that an appellant is entitled to withdraw its appeal at any stage of the proceedings and such a request, when made voluntarily and without any reservation, deserves to be ordinarily acceded to. In the present case, the request for withdrawal is categorical and is founded upon the fact that the tax liability arising from the impugned orders has already been discharged and the assessee seeks to bring finality to the dispute.
5. In the absence of any objection from the learned Departmental Representative and there being no justifiable reason to decline such request, we are of the considered view that the prayer made by the assessee deserves to be accepted.
6. Accordingly, in view of the aforesaid facts and circumstances and the request made by the assessee vide letter dated 11.03.2026, the appeals filed by the assessee are treated as withdrawn and are dismissed as not pressed.
7. In the result, the appeals filed by the assessee stand dismissed as not pressed.
Order pronounced in the open court on this 18thday of March, 2026.
Sd/- Sd/-
(ARUN KHODPIA) (AMIT SHUKLA)
ACCOUNTANT MEMBER JUDICIAL MEMBER Place: म ुंबई/Mumbai दिनाुंक /Date 18.03.2026 Lubhna Shaikh / Steno आदेश की प्रतितलतप अग्रेतिि/Copy of the Order forwarded to :
1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent.
3. आयकर आय क्त / CIT
4. दिभागीय प्रदिदनदि, आयकर अपीलीय अदिकरण DR, ITAT, Mumbai
5. गार्ड फाईल / Guard file. सत्यादपि प्रदि //True Copy//
आदेशानुसार/ BY ORDER, (Dy./Asstt. Registrar)
ITAT, Bench, Mumbai.
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