COMET GRANITO PVT. LTD.,MORBI vs. THE PCIT-1, RAJKOT, RAJKOT
What did the Tribunal hold?
The assessee expressed its intention not to pursue the current appeal before the ITAT and filed an application for withdrawal. The Revenue did not object to this request.
What were the facts?
The assessee's appeal arose from an order passed by the PCIT under Section 263. Subsequently, the Assessing Officer passed a fresh assessment order, allowing some claims and disallowing others, against which the assessee has filed a separate appeal before the CIT(A).
What were the issues?
Whether the assessee should be permitted to withdraw its appeal before the ITAT due to subsequent developments in the assessment proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Rajkot Bench, Rajkot
Before: Dr. Arjun Lal Saini & Shri Sonjoy Sarma
आयकर अपीलीय अिधकरण, राजकोट �यायपीठ, राजकोट। In The Income Tax Appellate Tribunal, Rajkot Bench, Rajkot Before Dr. Arjun Lal Saini, Accountant Member And Shri Sonjoy Sarma, Judicial Member आयकर अपील सं./ITA No. 329/RJT/2025 [ �नधा�रण वष�/Assessment Year: 2021-22 ] Comet Granito Pvt. Ltd., The PCIT-1, Rajkot, C/o. Sarda & Sarda, Sakar, 1st Aayakar Bhawan, Race Vs. Floor, Dr. Radha-Krishnan Road, Course Ring Road, Rajkot., Opp. Rajkumar College, Rajkot, Rajkot, Gujarat-360001 Rajkot, Gujarat-360001 �थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCC9062H (अपीलाथ�/Appellant) (��यथ�/Respondent) Appellant by : Shri Vimal Desai, Ld. AR Respondent by : Shri Ravinder Sindhu, Ld. Sr. DR Date of Hearing : 11/06/2026 Date of Pronouncement : 12/06/2026 :: ORDER :: Per, Shri Sonjoy Sarma, JM: At the time of hearing, the Ld. AR submitted that during the pendency of the present appeal before the Tribunal, which arises out of the order passed by the Ld. Principal Commissioner of Income Tax (PCIT), u/s 263 of the Income-tax Act, 1961, the Assessing Officer, in compliance with the directions contained therein, has passed an assessment order u/s 143(3) read with section 263 of the Act. It was further submitted that certain claims made by the assessee have been allowed by the Assessing Officer and, with regard to the remaining disallowances/additions, the assessee has already preferred an appeal before the Ld. Commissioner of Income Tax (Appeals).
ITA No. 329/RJT/2025 [ AY 2021-22 ] Comet Granito Pvt. Ltd. v. The PCIT 2. In view of the above development, the Ld.AR submitted that the assessee does not wish to pursue the present appeal and prayed for permission to withdraw the same. An application seeking withdrawal of the appeal has also been filed by the assessee.
On the other hand, the Ld. DR did not raise any objection to the prayer made by the assessee.
We, after hearing the rival submissions and perusing the material available on record, we find that the assessee has expressed its intention not to pursue the present appeal and has filed an application seeking withdrawal thereof. Considering the facts and circumstances of the case, and in the absence of any objection from the Revenue, we permit the assessee to withdraw the present appeal. Accordingly, the appeal of the assessee is dismissed as withdrawn. 5.
Order is pronounced in the open Court on 12/06/2026.
Sd/- Sd/- [ Dr. Arjun Lal Saini ] [ Shri Sonjoy Sarma ] लेखा सद�य/Accountant Member �याियक सद�य/Judicial Member राजकोट/Rajkot िदनांक/ Date: 12/062026 Copy of the order forwarded to : 1. The assessee 2. The Respondent 3. CIT 4. The CIT(A) 5. DR, ITAT, Rajkot 6. Guard File By order //True Copy// Sr. Private Secretary ITAT, Rajkot
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More judgments on Section 263
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