M/S HIRA FERRO ALLOYS LTD,RAIPUR vs. C.I.T-1, RAIPUR

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ITA 70/BIL/2015Status: DisposedITAT Raipur15 January 2019AY 2010-114 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. Since the Revenue had no objection and the assessee demonstrated no adverse consequence, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue had filed an appeal against an order passed by the CIT under Section 263. The assessee requested to withdraw the appeal, stating that subsequent events, including a search and settlement proceedings, resulted in no adverse consequences for them.

What were the issues?

Whether the assessee should be permitted to withdraw an appeal filed by the Revenue, given subsequent events and lack of adverse consequences.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri R.B. Doshi
For Respondent: Shri R.P. Namdeo
Hearing: 15.01.2019Pronounced: 15.01.2019

आदेश / ORDER

PER ANIL CHATURVEDI, AM :

This appeal filed by the Revenue is emanating out of the order of Commissioner of Income Tax-1, Raipur dated 24-03-2015 passed u/s. 263(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the A.Y. 2010-11.

2.

The assessee has filed an application dated 14-01-2019 to withdraw the appeal. The relevant extract of the application reads as under : “1. The above mentioned appeal has been fixed for hearing before Hon'ble Bench on 15.01.2019, which has arisen out of order u/s. 263 dt. 24.03.2015, passed by Ld. CIT - I, Raipur. 2. As a result of order u/s 263, the original assessment o r d e r passed by the AO was set aside to the file of AO with specific directions. Thereafter, before the AO could have completed set aside assessment, search U/S 132 was conducted at the premises of assessee and therefore, pending assessments abated. This is how the set aside assessment before the AO for the year under consideration abated and the AO has not passed any order. 3. After the search, the assessee filed application before Hon'ble Settlement Commission, Additional bench, Kolkata, for determination of its undisclosed income. Hon'ble Settlement Commission h a s also passed final order u/s 245D(4) dt. 13.11.2018 i n the matter. In such order, no addition has been made in respect of the two issues on which the assessment w a s set a s i d e b y L d . CIT – I , R a ip u r . Therefore, since t h e r e has not been any a d v e r s e consequence in the case of assessee, the assessee wishes to withdraw the appeal filed. 4. Therefore, it is most humbly and respectfully requested that the assessee may kindly be permitted to withdraw the appeal.”

3 ITA No. 70/RPR/2015

3.

The Ld. D.R. on the other hand submitted that the Department has no objection in case the assessee wishes to withdraw the appeal.

4.

In view of the written request made by the assessee the appeal is dismissed as withdrawn.

Order pronounced in open Court after hearing of the appeal on Tuesday, the 15th day of January, 2019.

Sd/- Sd/- PARTHA SARATHI CHAUDHURY ANIL CHATURVEDI JUDICIAL MEMBER ACCOUNTANT MEMBER

रायपुर/ RAIPUR ; ददनांक / Dated : 15th January, 2019. RK

आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, I.T.A.T., Raipur //True Copy// आदेशानुसार / BY ORDER,

धनजी सधिव / Private Secretary आयकर अपीलीय अधधकरण, रायपुर / ITAT, Raipur.

4 ITA No. 70/RPR/2015

Date 1 Draft dictated on 15.01.2019 Sr.PS/PS 2 Draft placed before author 15.01.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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