CHIRAI SALT (INDIA) PVT. LTD.,AHMEDABAD vs. THE DCIT, CIRCLE 1(1)(2), AHMEDABAD

PDF · subscribers
ITA 590/AHD/2016Status: DisposedITAT Ahmedabad08 February 2018AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee stated that they had no grievance after the de-novo assessment. Therefore, the assessee did not wish to pursue the appeal.

What were the facts?

The assessee appealed against an order passed under Section 263 of the Income Tax Act. The assessee argued that the Principal CIT erroneously assumed jurisdiction. However, during the pendency of the appeal, the assessment was reframed by the Assessing Officer.

What were the issues?

Whether the Principal CIT correctly assumed jurisdiction under Section 263. Whether the appeal needs to be decided on merits given the subsequent reframed assessment.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: SHRI N.K. BILLAIYA & SHRI MAHAVIR PRASAD

Date of hearing : 01 -02-2018 Date of Pronouncement : 08 -02-2018

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:

1.

This appeal by the Assessee is preferred against the order of the Ld. Pr. CIT(A)-1, Ahmedabad dated 02.02.2016 pertaining to A.Y. 2012-13. 2 . A.Y. 2012-13

2.

The assessee has challenged the validity of the order framed u/s. 263 of the Act claiming that the ld. Pr. CIT has erroneously assumed the juri iction conferred upon him by the provisions of section 263 of the Act.

3.

The Authorized Representative of the assessee filed the following written submission: Chirai Salt (India) Pvt. Ltd. 303,,Kaling Complex, Nr. Mount Carmel School, Ahmedabad-3 80 009. (PAN: AAACC-6397-F) ………. Appellant

V/s

Dy. CIT, Circle - 1(1)(2), Ahmedabad. ………..Respondent

Sub: Written Submission for A. Y. 2012-13 – Date of Hearing-01-02-2018 –

I.T.A. No. 590/Ahd/2016-

The above appeal fixed for hearing on 01-02-2018 is against the order passed u/s. 263 of the Act by the Pr. C. I. T. - 1, Ahmedabad on 02-02-2016. In this regard we have to submit as under.

2.

We submit that the assessment set aside by the above referred order of the Pr. C. I. T. has since been reframed by the Assessing Officer and the appellant herein has no grievance after the de- novo assessment made in pursuance of the order u/s. 263 of the Act.

2.

1 In the circumstances, the appellant does not want to pursue the appeal which may be disposed of as not pressed

Place: Ahmedabad ( K. C. Thaker) Date: 31-01-2018 Advocate, Authorised Representative 3 . A.Y. 2012-13

4.

In the light of the above, the appeal is dismissed as not pressed.

Order pronounced in Open Court on 08 - 02- 2018 (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBERACCOUNTANT MEMBER Ahmedabad: Dated 08 /02/2018 Rajesh Copy of the Order forwarded to:-

1.

The Appellant.

2.

The Respondent.

3.

The CIT (Appeals) –

4.

The CIT concerned.

5.

The DR., ITAT, Ahmedabad.

6.

Guard File. By ORDER

Deputy/Asstt.

More judgments on Section 263

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

Recent GST High Court judgments

Search GST case law →