SATYAPAL DARYANI,JABALPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, JABALPUR

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ITA 9/JAB/2021Status: HeardITAT Jabalpur29 June 2022AY 2016-172 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. Since the revised assessment accepted the original income and the appeal was rendered academic, the withdrawal was permitted.

What were the facts?

The assessee filed an appeal against a revision of assessment. During the pendency of the appeal, the assessee sought to withdraw it, stating a desire to avoid further litigation. The revised assessment had already accepted the assessee's original income.

What were the issues?

Whether the assessee can withdraw an appeal when the underlying assessment has been revised to accept the original income, rendering the appeal academic.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR

Before: SHRI SANJAY ARORA, HON’BLE & SHRI MANOMOHAN DAS, HONBLE

For Appellant: Shri Anil Kumar Gupta, FCA
For Respondent: Shri U.B. Mishra, CIT-DR
Hearing: 29/06/2022Pronounced: 29/06/2022
3.

We have heard the parties, and perused the material on record. Assessment pursuant to s.263 order has since been made on 23/03/2022 accepting assessee’s income of Rs. 37,25,330 (and agricultural income of Rs. 30,13,320), i.e., as originally assessed u/s. 143(3) on 29/12/2018. Under the circumstances, the instant appeal is rendered academic. We, accordingly, have no hesitation in accepting the assessee’s prayer and, accordingly permit withdrawal of his instant appeal. We decide accordingly.

4.

In the result, the assessee’s appeal is dismissed as withdrawn. Order Pronounced in open Court on June 29, 2022.

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