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Facts
The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act, 1961. The PCIT had set aside the assessment order for fresh examination.
Held
The tribunal noted that a fresh assessment had been completed pursuant to the revisional directions and the assessee had obtained the required relief. Therefore, the assessee did not wish to pursue the appeal and sought its withdrawal.
Key Issues
Whether the appeal has become infructuous due to subsequent completion of assessment and withdrawal request by the assessee.
Sections Cited
263
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Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI
Before: SHRI OM PRAKASH KANT & MS. KAVITHA RAJAGOPAL
ORDER PER OM PRAKASH KANT, AM
This appeal, filed by the assessee, is directed against the order dated 30.03.2025 passed by the learned Principal Commissioner of Income Tax (Central), Mumbai–2 (“Ld. PCIT”) under section 263 of the Income-tax Act, 1961 (“the Act”), whereby the assessment order passed by the Assessing Officer for Assessment Year 2021–22 was set aside for fresh examination.
At the commencement of hearing, the learned counsel for the At the commencement of hearing, the learned counsel for the At the commencement of hearing, the learned counsel for the assessee submitted that, pursuant to the revisional directions assessee submitted that, pursuant to the revisional directions assessee submitted that, pursuant to the revisional directions issued under section 263 of the Act, a fresh assessment has since issued under section 263 of the Act, a fresh assessment has since issued under section 263 of the Act, a fresh assessment has since been completed and the assessee has already obtained the requisite pleted and the assessee has already obtained the requisite pleted and the assessee has already obtained the requisite relief therein. It was therefore submitted that the assessee does not relief therein. It was therefore submitted that the assessee does not relief therein. It was therefore submitted that the assessee does not wish to pursue the present appeal and seeks permission to wish to pursue the present appeal and seeks permission to wish to pursue the present appeal and seeks permission to withdraw the same.
2.1 In view of the aforesaid statement made on beh In view of the aforesaid statement made on behalf of the In view of the aforesaid statement made on beh assessee, and there being no objection from the Revenue, the assessee, and there being no objection from the Revenue, the assessee, and there being no objection from the Revenue, the request for withdrawal is accepted. Consequently, the appeal has request for withdrawal is accepted. Consequently, the appeal has request for withdrawal is accepted. Consequently, the appeal has been rendered infructuous infructuous and is dismissed as such. and is dismissed as such.
In the result, the appeal of the assessee is dismissed as In the result, the appeal of the assessee is dismissed as In the result, the appeal of the assessee is dismissed as infructuous.