SAMANA INDUSTRIES,SOLAN vs. PR.CIT, SHIMLA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The assessee requested to withdraw the appeal as they had no grievance with the fresh assessment order. The Revenue did not object to the withdrawal.
What were the facts?
The assessee filed an appeal against an order passed under section 263. During the pendency of the appeal, a fresh assessment order was passed by the Assessing Officer, accepting the original assessment income without any fresh additions.
What were the issues?
Whether the assessee's appeal against a Section 263 order is maintainable when a fresh assessment order has been passed, resolving the original grievance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
आदेश/Order PER N.K. SAINI, VICE PRESIDENT
This is an appeal by the Assessee against the order dt. 13/03/2020 of Ld. Pr. CIT, Shimla.
During the course of hearing the partner of the Assessee moved an application to withdraw the appeal stating therein as under:
Ref: M/s Samana Industries, Village- Salewal, Nalagarh, Distt. Solan, H.P. Sub: Request to kindly permit the withdrawal of the appeal Appeal No. : ITA 13/CHANDI/2021, for the A.Y. 2015-16 Fixed for Hearing on 31/08/2021 before Bench-B Hon'ble Members, In respect to our appeal pending before your goodself against the order passed under section 263, we would like to bring your kind attention towards the fact that fresh assessment order has been passed by the Assessing Officer. Hon'ble Assistant Commissioner of Income Tax, Shimla, dated 18/07/2021 u/s 143(3) r.w.s 263. In the said fresh assessment order, original assessment income is accepted as such. Copy of fresh assessment order is enclosed herewith. As no fresh additions has been made in the fresh
assessment order, so assessee firm has no grievance with the order passed u/s 263. So, it requested to your goodself to kindly permit the assessee firm to withdraw the pending appeal before your goodself. Inconvenience caused to your honour in this regard is regretted. For “ Samana Industries” (Partner)
Ld. DR did not object if the appeal of the assessee is dismissed as withdrawn.
In view of the above the appeal of the assessee is dismissed as withdrawn.
In the result, appeal of the Assessee is dismissed.
(Order pronounced in the open Court on 01/09/2021 ) आर.एल. नेगी एन.के.सैनी, (R.L. NEGI ) ( N.K. SAINI) "या"यक सद"य/ Judicial Member उपा"य" / VICE PRESIDENT AG Date: 01/09/2021
आदेश क" ""त"ल"प अ"े"षत/ Copy of the order forwarded to : 1. अपीलाथ"/ The Appellant
""यथ"/ The Respondent 3. आयकर आयु"त/ CIT 4. आयकर आयु"त (अपील)/ The CIT(A)
"वभागीय ""त"न"ध, आयकर अपील"य आ"धकरण, च"डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड" फाईल/ Guard File
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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