DHANAPALAN PAVAI SUJATHA,CHENNAI vs. ITO, CHENNAI

This appeal filed by the assessee is directed against the order of the ld. Principal Commissioner of Income Tax, Chennai-3, dated 26.03.2021 relevant to the assessment year 2016-17 passed under section 263 of the Income Tax Act, 1961 [“Act” in short].

The appeal filed by the assessee is delayed by 20 days in filing the appeal before the Tribunal due to outbreak of COVID-19 pandemic and accordingly, the delay is condoned and admitted the appeals for adjudication.

When the appeal was taken up for hearing, the ld. Counsel for the assessee has filed dated 25.04.2022, wherein, it was stated as under: Sub: Withdrawal of appeal in of 2021 before the ‘A’ Bench of this Hon’ble Tribunal in the case of Dhanapalan Pavai Sujatha for the A.Y. 2016-17. The above mentioned appeal is posted for hearing before the “A” Bench of this Hon’ble Tribunal on 27.04.2022 (item No. 19). The same was filed challenging the order u/s. 263 of the Act passed by the Principal Commissioner of Income Tax, Chennai – 3 dated 26.03.2021 wherein the Ld. PCIT directed the Assessing Officer to examine the claim of the assessee regarding exempt income from sale of agricultural land. It is now submitted that the Assessing Officer in his order u/s. 143(3) r.w.s. 263 dated 02.07.2021, after examining the issue in detail, has allowed the claim of the assessee, accepting the income returned as such. The copy of the order is attached herewith. In view of this, the appeal mentioned above becomes infructuous and we pray that suitable orders may be passed.”

The ld. Counsel for the assessee has submitted that the assessee may be permitted to withdraw the appeal, against which, the ld. DR has not opposed to the submissions of the ld. Counsel. In view of the above, the appeal filed by the assessee is dismissed as withdrawn.

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