WITZENMANN INDIA PVT. LTD.,CHENNAI vs. PCIT-1, KOLKATA

This is an appeal preferred by the assessee against the revisional order of Ld. Pr. CIT, Kolkata-1 dated 03.03.2021 for AY 2015-16 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”).

Main grievance of the assessee is against the action of the Ld. Pr. CIT, Kolkata-1 to have invoked the jurisdiction u/s. 263 of the Act which according to assessee is unwarranted and is bad in law.

At the outset the Ld. AR for the assessee Shri Avishek Kejriwal submitted that the assessment in the set aside proceedings has been framed u/s 143(3) r.w.s. 263 of the Act vide order dated 28.03.2022 and the issues on which the ld. PCIT has revised and set aside were examined in details by the AO and no additions were made. The ld AR also placed before the bench the copy of the assessment order as referred to above and requested the bench to allow the withdrawal of the appeal. The ld DR also candidly agreed that the assessment has already been framed and no additions were made by the AO.

We have perused the assessment order dated 28.03.2022 passed u/s 143(3) r.w.s. 263 of the Act by the AO and find that no additions were made as proposed by the ld. PCIT in the Witzenmann India Pvt. Ltd., AY 2015-16 revisionary order passed u/s 263 of the Act. Accordingly the appeal of the assessee is dismissed as infructuous.