MOHIT GUPTA,NEW DELHI vs. PRCIT, MUZAFFARNAGAR

PDF · subscribers
ITA 3968/DEL/2018Status: DisposedITAT Delhi01 October 2021AY 2013-143 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee was no longer aggrieved by the Pr. CIT's order as the subsequent assessment order was favorable. The assessee requested the appeal be dismissed as withdrawn, and the revenue did not object.

What were the facts?

The assessee appealed against an order passed by the Principal Commissioner of Income Tax (Pr. CIT) under Section 263, which had set aside the original assessment order. The assessee later submitted that the Assessing Officer passed a fresh assessment order accepting the returned income, rendering the appeal infructuous.

What were the issues?

Whether the appeal filed against the revisionary order under Section 263 is maintainable when a subsequent favorable assessment order has been passed and the assessee wishes to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “E” BENCH: NEW DELHI

Before: SHRI R.K.PANDA & SHRI SANJAY GARG

For Appellant: Ms. Saumya Jain, CA
For Respondent: Ms. Paramita M. Biswas, CIT-DR
Hearing: 28.09.2021

Appellant by Ms. Saumya Jain, CA Respondent by Ms. Paramita M. Biswas, CIT-DR Date of Hearing 28.09.2021 Date of 01.10.2021 Pronouncement ORDER Per Sanjay Garg, Judicial Member :

The present appeal has been preferred by the assessee against the order dated 27.03.2018 of the Ld. Principal Commissioner of Income Tax Meerut, (hereinafter referred to ‘Pr.

CIT’) for the Assessment Year 2013-14.

2.

At the outset, the Ld. Counsel for the assessee has submitted that vide impugned order, the Ld. Pr. CIT exercising his revision jurisdiction u/s 263 of the Income Tax Act, 1961 (hereinafter referred to ‘the Act’) had set-aside the assessment order to the Assessing Officer with direction to pass a fresh assessment order in accordance with law. The Ld. Counsel for the assessee has further submitted that in the fresh assessment order passed by the Assessing Officer pursuant to direction of the Ld. Pr. CIT, returned income of the assessee has been accepted. Therefore, the assessee is no more aggrieved by the order of the Ld. Pr. CIT. That the appeal may be dismissed as withdrawn.

3.

The Ld. DR has not objected to the same.

4.

The appeal is accordingly dismissed as withdrawn.

5.

In the result, the appeal of the assessee is dismissed.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →