ANKITA MISHRA,JABALPUR vs. INCOME TAX OFFICER WARD 2(5),

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ITA 18/JAB/2017Status: HeardITAT Jabalpur25 February 2022AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as it had become infructuous. The tax dispute had attained finality with no appeal filed against the first appellate authority's order.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. The assessee later obtained full relief from the first appellate authority in subsequent proceedings.

What were the issues?

Whether the assessee's appeal against the section 263 order is infructuous after obtaining relief from the first appellate authority, and if it can be withdrawn.

Which sections of the Income-tax Act were involved?

Section 263,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH,

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

Hearing: 25/02/2022Pronounced: 25/02/2022

Per Sanjay Arora, AM This is an appeal by the assessee directed against the order dated 28/3/2017 by the revisionary authority under section 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) in respect of his assessment dated 09/3/2015 u/s. 143(3) for assessment year (AY) 2012-13. 2. At the outset, it stands submitted by the ld. counsel for the assessee, Sh. Bardia, that the assessee has since secured full relief from the first appellate authority, i.e., in respect of the income assessed in the set aside proceedings pursuant to the impugned order vide order dated 27/12/2017, which therefore renders the assessee’s appeal there-against infructuous. The same is accordingly requested to be withdrawn, and which is prayed for acceptance. 1 Ankit Mishra v. ITO

3.

We have heard the parties before us, and perused the material on record. It was clarified by Sh. Bardia, upon query, that no appeal stands filed by the assessee (or by the Revenue) against the appellate order dated 22/7/2019 against his assessment dated 27/12/2017 (copies on record). Under the circumstances, the tax dispute under reference has attained finality; the tax effect being also below rs. 50 lacs, the extant monetary limit u/s. 268A. The appellant’s request being also not objected to by the ld. CIT-DR, we have no hesitation in, acceding to the said request, permit the withdrawal of the captioned appeal. We direct accordingly.

4.

In the result, the assessee’s appeal is dismissed as withdrawn. Order pronounced in the Open Court on February 25, 2022 (Manomohan Das) Accountant Member Dated: 25/02/2022 Copy of the Order forwarded to:

1.

The Appellant: Sh. Ankit Mishra, 'Caravas', Aseem Commericial Plaza, South Civil Lines, Jabalpur 482 001 (M.P.)

2.

The Respondent: Income Tax Officer, Ward - 2(5) Jabalpur (M.P.)

3.

Pr. CIT-1, Jabalpur (M.P.)

4.

The CIT-DR, ITAT, Jabalpur (M.P.)

5.

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