M/S. SIDDHESHWARI INFRASTRUCTURE,AHMEDABAD vs. THE PR. CIT-(CENTRAL), AHMEDABAD

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ITA 925/AHD/2019Status: DisposedITAT Ahmedabad15 November 2021AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee, having obtained relief as the additions were deleted and the Revenue's appeal was dismissed, expressed no interest in prosecuting the appeal before the Tribunal. Therefore, the Tribunal dismissed the assessee's appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the Principal Commissioner of Income-Tax (PCIT) under Section 263. The Assessing Officer had made additions based on the PCIT's order, which were later deleted by the CIT(A). The Revenue's appeal against this deletion was dismissed for want of tax effect.

What were the issues?

Whether the assessee wishes to pursue an appeal when the underlying additions have been deleted and the Revenue's appeal has been dismissed.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

For Appellant: Shri Biren Shah, AR
Hearing: 15/11/2021Pronounced: 17/11/2021

O R D E R आदेश आदेश आदेश PER RAJPAL YADAV, VICE PRESIDENT : The assessee is in appeal before the Tribunal against the order of the learned Principal Commissioner of Income-Tax (Central), Ahmedabad dated 29th March 2019 passed under Section 263 of the Income Tax Act, 1961 (“the Act” in short) for Assessment Year 2014-15.

2.

The learned Counsel for the assessee, at the very outset, submitted that in pursuance of impugned order of PCIT dated 29th March 2019, the Assessing Officer has passed the assessment order. He made partial additions. Those additions were challenged before the learned CIT(A) who has deleted the additions. The appeal of the Revenue was dismissed for want of tax effect. Hence, the assessee got the relief; therefore, it is not interested in prosecuting this appeal and prayed for dismissal of this appeal as withdrawn. We do not have any hesitation in dismissing the appeal of M/s. Siddheshwari Infrastructure Vs. PCIT AY : 2014-15 2 the assessee as withdrawn on the strength of the statement made by Shri Biren Shah, learned Counsel for the assessee before us. Accordingly, the appeal of the assessee is dismissed as withdrawn.

3.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the Court on 17th November 2021 at Ahmedabad.

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