SWATANTAR KUMAR SONI,PARWANOO vs. PR. CIT, SHIMLA

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ITA 461/CHANDI/2019Status: DisposedITAT Chandigarh19 February 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee's request to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the order of the Principal CIT, Shimla, who had initiated proceedings under section 263 and set aside the assessment order. The assessee's counsel later sought permission to withdraw the appeal.

What were the issues?

Whether the Principal CIT erred in initiating proceedings under section 263 and setting aside the assessment. The primary issue became the assessee's request to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

PER N.K. SAINI, VICE PRESIDENT

This is an appeal by the Assessee against the order dt. 08/10/2018 of Ld. Pr. CIT, Shimla.

2.

Following grounds have been raised in this appeal:

1.

On the facts and circumstances of the case, the Ld. Pr. CIT, Shimla has grossly erred in initiating proceedings under section 263 of the Income Tax Act, 1961 and setting aside the valid assessment completed by the Ld. DCIT, Circle Parwanoo, under section 143(3) of the Income Tax Act, 1961.

1.

2. On the facts and circumstances of the case, the Ld. Pr. CIT, Shimla is not at all justified in setting aside the valid assessment and holding the same to be erroneous as well as prejudicial to the interest of the revenue by invoking the provisions of section 263 of the Income Tax Act, 1961. 3. The appellant craves leave to add, amend, deleted any ground of appeal

before the disposal of the appeal.

3. During the course of hearing the Ld. Counsel for the Assessee submitted that he has the instructions to withdraw this appeal and gave in writing as under:

“ I may be allowed to withdraw the appeal “ Sd/- (Surinder Babbar) Chartered Accountant

4.

Ld. CIT DR did not object if the appeal of the assessee is to be dismissed as withdrawn.

5.

In view of the above the appeal of the Assessee is dismissed as withdrawn.

6.

In the result, appeal of the assessee is dismissed.

(Order pronounced in the open Court on 19/02/2020)

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