M/S. BABA AGRO FOOD LTD.,RANCHI vs. PR. CIT(C), PATNA, PATNA

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ITA 12/RAN/2021Status: DisposedITAT Ranchi04 May 2023AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal as the matter had become infructuous. No further grievance remained against the revision order.

What were the facts?

The assessee filed an appeal against a revision order passed by the Principal Commissioner of Income Tax under Section 263. The assessee later sought to withdraw the appeal.

What were the issues?

Whether the appeal filed against the revision order under Section 263 is maintainable when the subsequent assessment order has rendered the issue infructuous.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH

Before: SHRI SONJOY SARMA & SHRI GIRISH AGRAWAL

For Appellant: Shri Devesh Poddar, Advocate
For Respondent: Smt. Rinku Singh, CIT, DR
Hearing: 03.05.2023Pronounced: 04.05.2023

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is against the revision order of Ld. CIT(Central), Patna vide Memo No. Pr.CIT(C)/Pat/263/2020-21/130-32 dated 21.05.2020 u/s, 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”).

2.

At the outset, the learned counsel for the assessee submitted vide application dated 02.05.2023 that the assessee wishes to withdraw the appeal as the matter stands infructuous since the order of assessment in effect to order u/s. 263 has been passed by the Ld. AO subsequent to which there stands no dispute. As such, assessee does not have any further grievance against the contentions raised in order passed u/s. 263

Baba Agro Food Ltd., AY: 2013-14. of the Act by Ld. Pr. CIT. Since the learned DR does not oppose the plea of assessee to withdraw its appeal, we allow the assessee to withdraw the appeal and therefore, the appeal is dismissed as withdrawn.

3.

In the result, appeal of assessee is dismissed as withdrawn.

Order pronounced in the open Court on 04th May, 2023.

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