DAITARI SAHOO,CUTTACK vs. PR.CIT-1, BHUBANESWAR

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ITA 34/CTK/2023Status: DisposedITAT Cuttack17 April 2024AY 2017-182 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 as it had become infructuous due to the subsequent assessment order. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed by the Principal CIT under Section 263 of the Income Tax Act. During the pendency of the appeal, the Assessing Officer passed a consequential assessment order.

What were the issues?

Whether an appeal filed against a revision order under Section 263 becomes infructuous if a consequential assessment order is passed subsequently.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B

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 Narahari Swain, Himanshu Jena and Narahari Swain, Himanshu Jena and P.K.Mishra, Advs
For Respondent: Shri S.C.Mohanty, ld Sr DR, Shri S.C.Mohanty, ld Sr DR
Hearing: 17/0Pronounced: 17/0

O R D E R Per Bench This is an appeal filed by the assessee against the ord This is an appeal filed by the assessee against the ord This is an appeal filed by the assessee against the order of the ld Pr. CIT, Bhubaneswar CIT, Bhubaneswar-1 passed u/s. 263 of the Act dated dated 14.1.2022 in Revision No.PCIT, Bhubaneswar PCIT, Bhubaneswar-1/Revision-63/100000257488/2021 63/100000257488/2021 for the assessment year the assessment year 2017-18.

2.

S/Shri Narahari Swain, Himanshu Jena and P.K.Mishra, Advs S/Shri Narahari Swain, Himanshu Jena and P.K.Mishra, Advs S/Shri Narahari Swain, Himanshu Jena and P.K.Mishra, Advs ld AR appeared for the assessee and Shri appeared for the assessee and Shri Ld Sr. DR appeared for the revenue. Ld Sr. DR appeared for the revenue.

P a g e 1 | 2

3.

Vide petition dated 17.4.2024, ld ARs have sought to withdraw the appeal filed before the Tribunal stating the reason that during the pendency of appeal, the Assessing Officer, NFAC has passed the consequential assessment order u/s.143(3) r.w.s 263 r.w.s 144B of the Act dated 8.3.2023, therefore, the impugned appeal filed before the Tribunal has become infructuous. Ld Sr DR did not have any objection to the withdrawal of the appeal. In view of above, we permit the assessee to withdraw the appeal.

4.

In the result, appeal of the assessee stands dismissed as withdrawn.

Order dictated and pronounced in the open court on 17/04/2024.

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