SOMNATH VAIJANATH SAKRE,AURANGABAD vs. PR. COMMISSIONER OF INCOME-TAX -2, AURANGABAD

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ITA 1140/PUN/2018Status: DisposedITAT Pune08 September 2022AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee sought withdrawal of the appeal as they had obtained relief from the first appellate authority against the consequential assessment order. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income-tax Act. Subsequently, the assessee filed an application seeking withdrawal of the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to subsequent relief obtained from the first appellate authority.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “B” BENCH, PUNE

Before: SHRI SS VISWANETHRA RAVI & SHRI G. D. PADMAHSHALI

Pronounced: 08/09/2022

ORDER PER G. D. PADMAHSHALI, AM; The present appeal of the assessee is assailed against the order of Principal Commissioner of Income Tax-2, Aurangabad [for short “PCIT”] dt. 26/03/2018 passed u/s 263 of the Income-tax Act, 1961 [for short “the Act”], which in turn ascended out of the order of the Asstt. Commissioner of Income Tax Circle-2, Aurangabad [for short “AO”] dt. 01/03/2016 passed u/s 143(3), for assessment year [for short “AY”] 2013-14. ITAT-Pune Page 1 of 3 Somnath Vaijanath Sakre

2.

On this date of ex-parte physical hearing, the learned departmental representative [for short “DR”] referring to the records entreated that, the appellant assessee filed an undated application seeking withdrawal of present appeal, citing that, the assessee has sought relief from first appellate authority against the consequential order of assessment passed by the Ld. AO.

1.

3. In the light of aforementioned facts, the Ld DR submitted that, the present appeal of the appellant ceases to be prosecuted, ergo; recording his no objection in allowing the withdrawal, we order accordingly.

4.

Resultantly, the appeal of the appellant assessee is dismissed as withdrawn. In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Thursday 08th day of September, 2022.

-S/d- -S/d- SS VISWANETHRA RAVI G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / PUNE ; दिन ांक / Dated : 08th day of September, 2022.

ITAT-Pune Page 2 of 3 Somnath Vaijanath Sakre Copy of the Order forwarded to : 1.अपील र्थी / The Appellant. 2. प्रत्यर्थी / The Respondent.

3.

The Pr. CIT, Pune (Mh-India) 4. The Pr. CIT, Aurangabad (Mh-India) 5. दिभ गीय प्रदिदनदि,आयकरअपीलीय न्य य दिकरण, पुणे “बी” बेंच, पुणे / DR, ITAT, Pune “B” Bench, Pune. 6. ग र्डफ़ इल / Guard File. आिेश नुस र / BY RDER, िररष्ठ दनजी सदचि / Sr. Private Secretary आयकर अपीलीय न्य य दिकरण, पुणे / ITAT, Pune.

ITAT-Pune Page 3 of 3

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