DR. SRI GANESH,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALURU-2, BENGALURU

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ITA 59/BANG/2021Status: DisposedITAT Bangalore31 January 2022AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee requested to withdraw the appeal against the Section 263 order, as the consequential assessment was accepted. The Tribunal allowed the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income Tax Act. Subsequently, the consequential assessment order under Section 143(3) read with Section 263 was passed, which the assessee accepted.

What were the issues?

Whether the appeal against a Section 263 order can be withdrawn when the consequential assessment has been accepted by the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE

Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: CA : Shri Sumer Singh

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assessee has been filed by assessee against the order dated 16.03.2020 by Ld.Pr.CIT, Bengaluru-2, Bengaluru for assessment year 2015-16.

2. The assessee has filed a letter dated 29.01.2022 as under: “The following is submitted for the kind consideration of Honorable Income Tax Appellate Tribunal, "A" Bench, Bangalore.

1.

The appellant had tiled an appeal against the order passed u/s 263 of the Act for the AY 2015-16.

2.

This appeal is posted for hearing on 31/01/2022.

3.

The Consequential assessment u/s 143(3) r. w.s 263 of the Act was made vide order dated 22/09/2021 and the appellant has accepted the assessment made.

4.

In view of the above, it is requested that the appeal filed against the order passed u/s 263 of the Act may kindly be treated as withdrawn.

5.

The appellant submits accordingly.”

The Ld.AR submitted that the appeal of the assessee may be dismissed as withdrawn, in lieu of the above letter. 3. We heard Ld D.R, who did not object to the prayer of the assessee. In view of the above, the appeal of the assessee is dismissed as withdrawn. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 31st January, 2022.

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