THERMAX ONSITE ENERGY SOLUTIONS LIMITED,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4, PUNE

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ITA 895/PUN/2018Status: DisposedITAT Pune18 November 2019AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn because the underlying issue had been resolved by the TPO.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income-tax Act. The assessee later sought to withdraw the appeal as it had become infructuous.

What were the issues?

Whether the appeal filed by the assessee against the revisional order under Section 263 has become infructuous due to subsequent developments.

Which sections of the Income-tax Act were involved?

Section 263,Section 92CA(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI ANIL CHATURVEDI & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri R.D. Onkar

PER S.S. VISWANETHRA RAVI, JM :

This appeal by the assessee against the order dated 29-03-2018 passed u/s 263 of the Income-tax Act, 1961 by the Pr. Commissioner of Income Tax-4, Pune [„CIT‟] for assessment year 2014-15.

2 ITA No.895/PUN/2018, A.Y. 2014-15

2.

The ld. AR at the outset sought permission to withdraw the captioned appeal and placed on record fact sheet stating that the present appeal has become infructuous. The fact sheet reads as under:- “Learned Principal Commissioner of Income Tax invoking revisional powers u/s. 263 issued directions to the AO to refer the specified domestic transactions to the TPO. The learned TPO consequent to the said directions of Principal CIT has passed order u/s 92CA(3) accepting on merits the specified domestic transactions entered into by the appellant to be at arm’s length. The impugned appeal of the assessee has thus become infructuous.”

3.

The ld. DR has not objected for the prayer of ld. AR. Accordingly, the prayer of ld. AR is granted. Thus, the appeal of assessee is dismissed as having been „withdrawn‟.

4.

In the result, the appeal of assessee is dismissed.

Order pronounced in the open court on 19th November, 2019.

Sd/- Sd/- (Anil Chaturvedi) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 19th November, 2019 GCVSR आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, “बी” बेंच, 3. ऩुणे / DR, ITAT, “B” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 4. //सत्यावऩत प्रतत// True Copy// आदेशानुसार / BY ORDER,

वररष्ठ तनजी सधचव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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