SARWAN SINGH KLAIR,HYDERABAD vs. INCOME TAX OFFICER, WARD-15(1), HYDERABAD

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ITA 1147/HYD/2017Status: DisposedITAT Hyderabad29 September 2020AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal permitted the assessee to withdraw the appeal as it had become infructuous due to subsequent relief from the Revenue. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under Section 263. During the hearing, the assessee sought permission to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee against the order under Section 263 should be dismissed as withdrawn.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Shri T. Chaitanya Kumar
For Respondent: Shri P. Somasekhar Reddy
Hearing: 17/09/2020Pronounced: 29/09/2020

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (Through Virtual Hearing) Assessment Year:2011-12 Sarwan Singh Klair, Vs. Income Tax Officer, Hyderabad. Ward-15(1), PAN: ABZPK 1346 F Hyderabad. (Appellant) (Respondent) Assessee by: Shri T. Chaitanya Kumar Revenue by: Shri P. Somasekhar Reddy, CIT-DR Date of hearing: 17/09/2020 Date of pronouncement: 29/09/2020 ORDER PER A. MOHAN ALANKAMONY, AM.:

This appeal is filed by the assessee against the order of the Ld. Principal Commissioner of Income Tax-7, Hyderabad in F. No.8/U/s.263/Pr.CIT-7/2015-16, dated 23/11/2015 passed U/s. 263 of the Act for the AY 2011-12.

2.

The assessee has raised four grounds in its appeal which are extracted herein below for reference:-

1.

The order of the ld. Principal Commissioner of Income Tax is erroneous both on facts and in law.

2. The Ld. Principal Commissioner of Income Tax erred in giving directions to the Assessing Officer for fresh assessment without giving any further opportunity.

3. The Ld. Principal Commissioner of Income Tax erred in initiating the proceedings U/s. 263 of the IT Act without considering the order passed on 25/03/2014. 4. The Ld. Principal Commissioner of Income Tax ought to have considered the facts that the AO was considered while completing the assessment U/s. 143(3) on 25/03/2014. 5. Any other ground that may be urged at the time of hearing.”

3.

At the time of hearing, Ld. Counsel for the assessee submitted a petition dated 17/09/2020 seeking permission of the Bench to withdraw the assessee’s appeal. The Ld.AR further stated that the assessee had got relief from the Revenue subsequent to the Order of the Ld. CIT U/s. 263 of the Act and therefore the present appeal has become infructuous. Ld. Departmental Representative did not raise any objection for the withdrawal of the appeal. Under these circumstances, We hereby permit the assessee to withdraw his appeal.

4.

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

Pronounced in the open Court on 29th September, 2020.

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