NAYA CARNATION FIREWORKS,SIVAKASI vs. PCIT, MADURAI-1

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ITA 137/CHNY/2021Status: DisposedITAT Chennai12 May 2022AY 2016-172 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Assessing Officer had passed a rectification order under Section 154, which rendered the appeal infructuous. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against a revision order. Subsequently, the assessee filed a petition to withdraw the appeal as it had become infructuous.

What were the issues?

Whether an appeal becomes infructuous due to a subsequent rectification order by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 12.05.2022Pronounced: 12.05.2022

आदेश /O R D E R

PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of revision order of the Principal Commissioner of Income Tax, Madurai in Revision No.PCIT, Madurai-1/Revision-263/100000195737/2021 dated 19.03.2021. The assessment was framed by the Income Tax Officer, Ward-3, Virudhunagar for the assessment year 2016-17 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 18.12.2018.

1.

2 2. At the outset, it is noticed that the assessee has filed a petition dated 02.05.2022 for withdrawal of this appeal and the text of the petition reads as under:- “Our appeal for the A.Y 2016-17 against order u/s.263 has become infructuous as the National Faceless Assessment Centre, Delhi had passed rectification order u/s.154 dt.24.03.2022, allowing the claim on account of business expenditure and allowing the Adhayam credited. Hence the appeal is infructuous. It may kindly be treated as withdrawn.”

3.

When this was pointed out to ld. CIT-DR, he has not raised any objection. After hearing ld. CIT-DR and going through the petition of the assessee that the AO i.e., National Faceless Assessment Centre, New Delhi has already rectified the order u/s.154 of the Act i.e., order giving effect to the order of PCIT u/s.143(3) r.w.s. 263 of the Act by rectifying the mistake u/s.154 of the Act. Hence, this appeal has become infructuous and same is dismissed accordingly.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 12th May, 2022 at Chennai.

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