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Facts
The assessee, AT & S India Pvt. Ltd., filed an appeal against an order passed by the PCIT under Section 263 of the Income Tax Act for AY 2017-18. During the hearing, the assessee requested to withdraw the appeal because the Assessing Officer had already granted the requested relief by computing book profit under Section 115JB in an order passed under Section 143(3) read with Section 263, making further pursuit of the appeal unnecessary.
Held
The tribunal accepted the assessee's request for withdrawal. Since the Ld. Assessing Officer had already granted the due relief to the appellant, the tribunal dismissed the appeal as withdrawn.
Key Issues
Whether an appeal against a Section 263 order should be dismissed as withdrawn when the Assessing Officer has subsequently granted the assessee the relief sought in a fresh assessment order.
Sections Cited
263, 143(3), 115JB
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the assessee against order of Principal Commissioner of Income Tax -Kolkata-2, Kolkata (hereinafter referred to as the Ld. PCIT] passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as the Act) dated 31.03.2024 for AY 2017-18.
Assessment Year: 2017-18 AT & S India pvt. Ltd. 2. At the time of hearing, the ld. Counsel for the assessee has submitted a letter dated 25.02.2025 requesting the Bench to allow the withdrawal the appeal. The operative portion is reproduced herein below:
Your goodself may kindly note that, in compliance with the above direction of the ld. PCIT the Ld. Assessing officer vide order issued under Section 143(3) r.w.s 263 of the Act dated 17.02.2025 has computed the Book profit of appellant under Section 115JB of the Act amounting to Rs. 43,22,95,288/-, which has also been computed by appellant in its return of income for the relevant year and thereby, the Ld. Assessing Officer has allowed the aforesaid claim of appellant. Copy of the order issued under Section 143(3) r.w.s 263 of the Act dated 17.02.2025 is enclosed as Annexure-1. In view of the above, appellant is not willing to pursue the captioned appeal, since the Ld. Assessing Officer has granted due relief to appellant.
Accordingly accepting the request of the assesse, we dismiss the appeal as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order is pronounced in the open court on 25th March, 2025 Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 25th March, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- AT & S India Pvt. Ltd. ,12A, Industrial Area, Nanjagud H.O. Karnataka-571301 2. Respondent – PCIT, Kolkata-2, Kolkata 3. DR, Kolkata Benches, Kolkata (sent through e-mail)