M/S. RAMKISHNA SPINNING MILLS PVT. LTD.,AT. MALVIYA PIPALIYA, TAL. LATHI, DIST. AMRELI vs. THE PR. COMMISSIONER OF INCOME TAX-3, RAJKOT

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ITA 434/RJT/2018Status: DisposedITAT Rajkot28 February 2020AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that the consequential order accepting the returned income rendered the present appeal infructuous. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. During the hearing, the assessee's counsel stated that a consequential order under section 143(3) r.w.s. 263 had been passed, accepting the returned income.

What were the issues?

Whether the appeal filed against the order under section 263 has become infructuous due to a subsequent consequential order.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

PER BENCH: The instant appeal filed by the assessee is directed against the order dated 11.09.2018 under section 263 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) passed by the Pr. Commissioner of Income Tax (Appeals)-3, Rajkot arising out of the order dated 15.11.2017 passed by ACIT, Circle-3(1), Rajkot under section 143(3) of the Act for the Assessment Year (A.Y.) 2015-16.

2.

At the time of hearing of the instant appeal the Ld. Counsel appearing for the assessee submitted before us that the consequential order has been passed under section 143(3) r.w.s. 263 accepting the returned

1.

2 - income. Hence, the present appeal becomes infructuous and withdrawn. Thus, in view of the above fact the appeal is dismissed as withdrawn.

3.

In the result, appeal is dismissed as withdrawn. Order pronounced in the Court on 28th February, 2020 at Rajkot.

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