JAWAHARLAL NEHRU PORT AUTHORITY (FORMERLY KNOWN AS JAWAHARLAL NEHRU PORT TRUST),MUMBAI vs. EXEMPTION CIRCLE, PUNE, PUNE

Facts

The assessee filed an appeal against an order passed under Section 263 of the Income Tax Act. During the hearing, the assessee requested to withdraw this appeal because the Assessing Officer had subsequently passed a consequential order under Section 143(3) read with Section 263, against which a fresh appeal had been filed before the NFAC.

Held

The Tribunal allowed the assessee's application to withdraw the appeal, as the Ld. DR had no objection. Consequently, the appeal was dismissed as withdrawn.

Key Issues

Whether the assessee can be permitted to withdraw an appeal against a Section 263 order when a consequential order has been passed under Section 143(3) read with Section 263, and a new appeal against it is pending before the NFAC.