M/S. NASRANI PETROL PUMP,JODHPUR vs. ITO, WARD-3(2), JODHPUR

PDF · subscribers
ITA 556/JODH/2018Status: DisposedITAT Jodhpur18 August 2023AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee's authorized representative stated that the assessee did not wish to press the appeal and requested to withdraw it. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under section 263 of the Income Tax Act. The assessee raised several grounds challenging the validity and findings of the PCIT's order.

What were the issues?

The primary issue was the validity of the PCIT's order under section 263, which the assessee sought to withdraw. The assessee also challenged the PCIT's satisfaction and findings.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI PAVAN KUMAR GADALE, JUDICIAL & DR. DIPAK P. RIPOTE

For Respondent: Smt. Alka Rajvanshi Jain, CIT-DR
Hearing: 18.08.2023Pronounced: 18.08.2023

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This appeal filed by the Assessee is directed against the order of ld. Pr. Commissioner of Income Tax(Appeals)-2, Jodhpur dated 12.03.2018 emanating from the order under section 143(3) of the I.T. Act, 1961 passed by Income Tax Officer, Ward-3(2), Jodhpur for the A.Y. 2013-14. The Assessee has raised the following grounds of appeal: “1.That on the facts and in the circumstances of the case, the order u/s 263 passed by Id Pr CIT-2. Jodhpur is bad in law and bad in facts.

2. That on the facts and in the circumstances of the case, the Id Pr. CIT-2, Jodhpur erred in not recording own satisfaction in respect of assessment order passed by the ld AO is erroneous M/s Nasrani Petrol Pump so as it prejudicial the interest of revenue as per provision of section 263 of the Act.

3. That on the facts and in the circumstances of the case, the ld Pr. CIT,-2, Jodhpur grossly erred in setting aside the assessment order passed by the u/s 143(3) without any finding as to how the assessment order passed by the ld AO is erroneous so as it prejudicial the interest of revenue.

4. That on the facts and in the circumstances of the case, the ld Pr. CIT,-2, Jodhpur erred in recording various finding in the order are contrary to the material available on record.

5. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing.”

2.

At the time of hearing before us, Ld. AR submitted that the assessee did not wish to press this appeal; and that the assessee wished to withdraw this appeal. Ld. AR filed letter of the assessee requesting for withdrawal. The CIT-DR did not object to withdrawal of the appeal by assessee. Accordingly, the appeal is dismissed as withdrawn and not pressed.

3.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open Court on 18th August, 2023.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →