M/S. WEB LINE ENGINEERS,KOLHAPUR vs. PR. COMMISSIONER OF INCOME-TAX-2, KOLHAPUR

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ITA 922/PUN/2018Status: DisposedITAT Pune06 July 2020AY 2009-104 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 assessee filed an application to withdraw the appeals, stating that during the set-aside proceedings, the Assessing Officer accepted the assessee's contentions and passed an assessment order without additions. The Tribunal permitted the withdrawal.

What were the facts?

The assessee filed three appeals before the ITAT against orders passed by the Pr. Commissioner of Income Tax. The appeals were against orders setting aside the assessment for de novo examination and disallowance of hawala purchases.

What were the issues?

Whether the appeals are rendered academic due to subsequent favorable assessment proceedings and can be withdrawn.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.S.SYAL, VP & SHRI PARTHA SARATHI CHAUDHURY, JM

For Respondent: Smt. Kesang V. Sherpa
Hearing: 06.07.2020Pronounced: 06.07.2020

आदेश / ORDER PER BENCH:

1.

These three appeals preferred by the assessee emanates from the orders of the Ld. Pr. Commissioner of Income Tax-2, Pune dated 28.03.2018 for the assessment years 2009-10, 2010-11 & 2011-12 as per the grounds of appeal on record.

2. One application has been received on 06.07.2020 praying for withdrawing these appeals by stating as follows:

“Most respectfully, it is submitted that the aforesaid appeal(s) has been fixed for hearing on Monday, 6th July, 2020. These appeal(s) are against the order under section 263 by Pr. CIT, Kolhapur setting aside the assessment under section 143(3) r.w.s.147 to the file of AO for de novo examination and disallowance of 100% of hawala purchases instead of restricting the same to GP ratio. During the set aside proceedings, AO has accepted the contentions of assessee and passed the assessment order without any further additions. As such proceeding with said appeals before ITAT would be of only academic interest and therefore, we desire with permission of Hon’ble Bench to withdraw all the appeals bearing 924/PUN/2018.”

The Ld. DR has not objected to the prayer of the assessee for withdrawal of these three appeals. Hence, we permit the withdrawal. Appeals of assessee are dismissed being withdrawn.

3.

In the result, all the appeals of assessee are dismissed being „withdrawn‟.

Order pronounced on 06th day of July, 2020.

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