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Facts
The assessee filed a return for AY 2015-16 declaring income of Rs.2,11,90,349. The assessment order accepting the returned income was passed on 25.03.2022. The PCIT set aside this order under Section 263, directing a fresh assessment, deeming the original order erroneous and prejudicial to the revenue.
Held
The appeal was filed against the PCIT's order directing a fresh assessment. However, the assessee's authorized representative requested to withdraw the appeal as a consequential assessment order had already been passed. The Department had no objection to the withdrawal.
Key Issues
Whether the PCIT's order under Section 263 was justified, and if the assessee's request to withdraw the appeal should be granted due to a subsequent consequential assessment order.
Sections Cited
263, 147, 144B, 143[3], 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B’’BENCH: BANGALORE
Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY
Assessment Year : 2015-16 Mrs. Saroja No.483, 7th Cross JP Nagar 3rd Phase, PCIT Vs. Bengaluru 560 078 Bengaluru-2 PAN NO : AIKPS2233D APPELLANT RESPONDENT Appellant by : Sri Avinash Mallya, A.R. Respondent by : Sri E. Shridhar, D.R. Date of Hearing : 08.05.2025 Date of Pronouncement : 05.08.2025 O R D E R
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. PCIT, Bengaluru-2 dated 27.03.2024 vide DIN & Order No. ITBA/REV/F/REV5/2023-24/1063437817(1) passed u/s 263 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2015-16.
The assessee has raised the following grounds of appeal:
Brief facts of the case are that the assessee filed her return of income for the AY 2015-16 on 06-10-2015 declaring total income of Rs.2,11,90,349/-. The case was subsequently taken up for scrutiny and the assessment u/s 147 r.w.s.144B of the Act for AY 2015-16 was completed on 25-03-2022 by accepting the returned income. 3.1 Thereafter the ld. PCIT Bengaluru-2 had set aside the order of AO passed on 25.3.2022 u/s 147 r.w.s. 144B of the Act by holding that the order is erroneous insofar as it is prejudicial to the interest Mrs. Saroja, Bangalore Page 5 of 5 of the revenue in terms of section 263 of the Act & directed the AO to make fresh assessment in accordance with law.
Aggrieved by the Order passed u/s 263 of the Act, the assessee has filed the present appeal before this Tribunal.
Before us, at the outset, the ld. Authorized Representative of the assessee requested to withdraw this appeal as the consequential assessment order as per the direction of the Ld. PCIT has already been passed. The ld. DR also expressed no objection if we permit the assessee to withdraw his appeal. Thus, as per the request of the Ld.AR of the assessee, we dismiss this appeal as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.