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Facts
The assessee preferred an appeal against the order of the Ld. PCIT which had set aside the assessment order passed u/s 153A/143(3) of the Act. The assessee's counsel submitted that the appeal had become infructuous as no addition was made in the consequential assessment.
Held
The tribunal noted that the assessee sought to withdraw the appeal, and the revenue did not object. Consequently, the tribunal dismissed the appeal as withdrawn.
Key Issues
Whether the appeal filed by the assessee is to be dismissed as withdrawn since the consequential assessment proceedings did not result in any addition.
Sections Cited
263, 153A, 143(3)
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Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
This is an appeal preferred by the assessee against the order of the Pr. Commissioner of Income Tax (Central) Kolkata-1, (hereinafter referred to as the “Ld. PCIT”] dated 12.03.2024 for the AY 2013-14.
At the outset, the ld. Counsel for the assessee submitted before the bench that in the various grounds of appeal, the assessee has challenged the order passed u/s 263 of the Act by the ld. PCIT vide dated 12.03.2024, setting aside the assessment order passed u/s 153A/ 143(3) of the Act dated 13.07.2021. The ld. Counsel for the assessee further submitted that the instant appeal filed by the assessee has become infructuous as in the set aside proceeding the ld. AO has already framed the consequential assessment wherein no
After examining the records before us, we are inclined to dismiss the appeal as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 30.07.2025.