SUREKA MERLIN PROMOTERS PVT. LTD,BHUBANESWAR vs. PR.CIT,-1, BHUBANESWAR

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ITA 195/CTK/2023Status: DisposedITAT Cuttack18 April 2024AY 2018-193 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The withdrawal was based on the assessee's submission that there was no longer any grievance against the Pr. CIT's order due to the subsequent consequential order.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (Pr. CIT) under Section 263 of the Income Tax Act. During the pendency of the appeal, a consequential order was passed by the Assessing Officer. The assessee then sought to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee against the Pr. CIT's order under Section 263 is maintainable when a consequential order has been passed by the AO, rendering the original grievance moot.

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, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: MANISH AGARWAL

For Appellant: Shri N.S.Saini, Adv and Assessee and Assessee (withdraw petition)
For Respondent: Shri Sanjay Kumar, CIT, Shri Sanjay Kumar, CIT DR
Hearing: 18/0Pronounced: 18/0

This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld Pr. CIT, Bhubaneswar Bhubaneswar-1 u/s.263 of the Act dated 30.3.2023 dated 30.3.2023 in Appeal No.Pr.CIT, Pr.CIT, Bhubaneswar Bhubaneswar-1/Revision-263/100000418479/2022 263/100000418479/2022 for the assessment year assessment year 2018-19.

2.

Shri N.S.Saini, N.S.Saini, ld AR appeared for the assessee and Shri appeared for the assessee and Shri Sanjay Kumar, CIT DR Kumar, CIT DR appeared for the revenue.

P a g e 1 | 3

Vide petition dated 1st April, 2024, the assessee has sought to 3. withdraw the appeal filed before the Tribunal on the ground that during the pendency of the appeal, in pursuance to revisional directions made under section 263 of the Act, consequential order u/s.143(3)/263 of the Act has been passed by the Assessing Officer on 29.3.2024 and hence, there remains no grievance of the assessee against the order passed by the Pr. CIT u/s.263 of the Act. Ld AR on behalf of the assessee also reiterated the above submission in his petition and request for withdrawal of the appeal. Ld CIT DR did not have any objection to the prayer of the assessee. In view of above, we permit the assessee to withdraw the appeal.

4.

In the result, appeal filed by the assessee stands dismissed as withdrawn.

Order dictated and pronounced in the open court on 18/04/2024.

Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 18/04/2024 B.K.Parida, SPS (OS)

P a g e 2 | 3 Copy of the Order forwarded to : 1. The Appellant : Sureka Merlin Promoters Pvt Ltd., 08, Janapat Tower, Unit-II, Ashok Nagar, Bhubaneswar 2. The Respondent: Pr. CIT, Bhubaneswar-1

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