M/S DEVI IRON & POWER PVT LIMITED,RAIPUR (CG) vs. THE PR. COMMISSIONER OF INCOME TAX, BHOPAL

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ITA 62/BIL/2016Status: DisposedITAT Raipur02 August 2021AY 2009-104 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the subsequent assessment order rendered the appeals academic as no prejudice was caused to the assessee. Therefore, the assessee was allowed to withdraw the appeals.

What were the facts?

The assessee filed appeals against a revisional order passed by the PCIT under Section 263. Subsequently, the AO passed a fresh assessment order under Section 143(3) r.w.s. 263. In this fresh assessment, no adverse inferences were drawn by the AO on the issues raised by the PCIT.

What were the issues?

Whether the appeals filed against the revisional order are infructuous in light of a subsequent assessment order that did not make any adverse additions.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “RAIPUR” BENCH, RAIPUR

Before: SHRI PRADIP KUMAR KEDIA & SHRI N. K. CHOUDHRY

For Respondent: Shri P. K. Mishra, CIT.DR

सुनवाई क� तार�ख / Date of 02/08/2021 Hearing घोषणा क� तार�ख /Date of 02/08/2021 Pronouncement आदेश/O R D E R PER BENCH: The captioned appeals directed at the instance of assessee arise from the common orders of the Pr. Commissioner of Income Tax (Central), Bhopal (‘PCIT’) against different assessment years as tabulated below: of AY PCIT’s AO’s AO’s order assessee order order under Section dated dated 59/RPR/16 M/s. Devi 2006-07 08.02.16 27.03.14 153A r.w.s. Iron & 143(3) of the Power Pvt. Income Tax Ltd. Act, 1961 (in short ‘the Act’) 60/RPR/16 -Do- 2007-08 -Do- -Do- -Do- to 65/RPR/2016 (M/s. Devi Iron & Power Pvt. Ltd.) A.Ys. 2006-07 to 2012-13 - 2 -

61/RPR/16 -Do- 2008-09 -Do- -Do- -Do- -Do- -Do- -Do- -Do- 62/RPR/16 2009-10 -Do- -Do- -Do- -Do- 63/RPR/16 2010-11 -Do- -Do- -Do- -Do- 64/RPR/16 2011-12 -Do- -Do- -Do- 65/RPR/16 2012-13 143(3) of the Act

2.

When the matter was called for hearing, learned counsel for the assessee pointed out that while the captioned appeals have been presented against the revisional order of the Commissioner concerned under s.263 of the Act, the assessee is no longer prejudiced in view of the subsequent assessment order passed by the AO under s.143(3) r.w.s. 263 of the Act. He consequently submitted that in the light of subsequent events, he does not seek to press these infructuous appeals for disposal on merits.

3.

The written communication from the representative of the assessee is reproduced hereunder:

“Date: 02.08.2021 Before the Hon’ble Income Tax Appellate Tribunal, Raipur Bench, Raipur (C.G.) Subject : Request for withdrawal of Appeal with a rider Appellant : M/s Devi Iron & Power Private Limited ITA No. : 59 to 65/RPR/2016 Fixed for : 02.08.2021 Assessment Year : 2006-07 to 2012-13 Hon'ble Sir, Under instructions from our aforesaid client, we respectfully submit before your honor as under:- It is respectfully submitted that the assessee was visited with the Search operation u/s 132 of the Income Tax Act, 1961, consequent upon search, assessment was completed u/s 153A r.w.s. 143(3) for A.Y. 2006-07 to 2012-13 vide order dated 27.03.2014. The Learned CIT exercised powers u/s 263 and held the assessment order passed u/s 153A r.w.s. 143(3) to be erroneous on certain issues and set aside the case for denovo assessment. It is respectfully submitted that the assessee had filed the appeal before the Honorable Bench against the order u/s 263 passed by the Learned CIT. to 65/RPR/2016 (M/s. Devi Iron & Power Pvt. Ltd.) A.Ys. 2006-07 to 2012-13 - 3 -

Consequent upon the order u/s 263 and in pursuance thereto, the Learned A.O. had framed the assessment u/s 143(3) r.w.s. 263 vide order dated 27.06.2016, in the said assessment no adverse inference was drawn by the Learned A.O on the issues stated by the Learned CIT in the order u/s 263 and accordingly no additions were made. Therefore, the present appeals pending before your honours have been rendered academic as no prejudice has been caused in the set aside assessment proceedings completed u/s 143(3) r.w.s. 263 pertaining to A.Y. 2006-07 to 2012-13, accordingly, the assessee hereby withdraws its appeal for A.Y. 2006-07 to 2012-13 with a caveat that if any adverse inference is drawn in future against the assessee arising from order u/s 263 then the assessee may kindly be given the liberty to revive the appeal. This request being in consonance with the principles of natural justice may kindly be acceded. Submitted for your honors kind consideration. Thanking you, Yours faithfully, For, V N D G & CO CHARTERED ACCOUNTANTS Sd/- (CA VEEKAAS S SHARMA) Counsel for the Appellant”

4.

In the light of the written communication and oral requests, the captioned appeals are dismissed as withdrawn.

This Order pronounced in Open Court on 02/08/2021

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