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Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI
Before: SHRI RAJESH KUMAR (AM) & SHRI RAM LAL NEGI (JM)
O R D E R
PER RAM LAL NEGI, JM
This appeal has been filed by the assessee against the order dated 28.03.2019 passed by the Ld. Pr. Commissioner of Income Tax (for short ‘the. Pr. CIT- 13, Mumbai, for the assessment year 2009-10, whereby the Ld. Pr. CIT has set aside one of the issues determined by the AO after exercising jurisdiction u/s 263 of the Income Tax Act, 1961 (for short the ‘Act’) and directed the AO to decide the same afresh in accordance with law after affording an opportunity of being heard to the assessee.
The assessee has challenged the impugned order the order on the following grounds:
1. “In the facts of the case and in Law, the learned PCIT erred in invoking Section 263 to the case of the Appellant only by way of change of opinion, without pointing out any error in the 2 Assessment Year: 2009-10 order of the A.O. and also by disregarding detailed submissions made to him from time to time.
2. In the facts of the case and in Law, the Show Cause Notice & or order u/s 263 alleging errors and prejudice, itself is erroneous on many counts as follows a. In the facts of the case and in law, the learned PCIT has erred in invoking the provision of sec. 263 merely because he wants to take a view different from the one taken by the Assessing Officer and thereby changing the opinion of the Assessing Officer by his opinion. b. In the fats of the case and in law, the learned PCIT has erred in holding that Assessing Officer failed to verify the sources of share application money as well as creditworthiness of the creditors even though all the details were furnished to the Assessing Officer. c. In the facts of the case and in Law, the learned PCIT has erred in disregarding the following facts: Sr. Date Particulars No. 1. 31.10.2016 Assessment order passed u/s 143 (3) r.w.s. 147 accepting share capital and share premium 2. 13.11.2014 Assessment order passed u/s 143 (3) r.w.s. 147 accepting share capital and share premium. [B] Relief Prayed:
The appellant therefore prays as follows, 1. To quash the order u/s 263 because PCIT had no jurisdiction.”
At the outset, the Ld. counsel for the assessee submitted that the assessee does not want to press the present appeal as the assessee is satisfied with the order giving effect passed by the AO. Hence, the assessee may be permitted to withdraw the same.
The Ld. Departmental Representative (DR) did not oppose the application filed by the assessee. Hence, we allow the application for withdrawal of the appeal and dismiss the present appeal as withdrawn.