SH SHAILESH RAMNIKLAL SHAH,NASHIK vs. PRINCIPAL COMMISSIONER OF INCOME-TAX - 1, NASHIK

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ITA 297/PUN/2021Status: DisposedITAT Pune27 July 2022AY 2016-173 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 Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against a revision order passed under Section 263 of the Income Tax Act. The assessee subsequently sought to withdraw the appeal, stating it had become infructuous.

What were the issues?

Whether the appeal filed against a revision order under Section 263 has become infructuous and can be withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

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

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri Nimish Dixit
For Respondent: Shri Saradar Singh Meena

Assessee by Shri Nimish Dixit Revenue by Shri Saradar Singh Meena Date of hearing 18-07-2022 Date of pronouncement 27-07-2022 आदेश / ORDER

PER S.S. GODARA, JM :

1.

This assessee‟s appeal for AY 2016-17 arises against the PCIT, Nashik-1‟s order dated 12-03-2021 passed in caseNo.ITBA/REV/F/REV5/2020-21/1031447103(1) involving proceedings under Section 263 of the Income Tax Act, 1961, in short „the Act‟.

Heard both the parties. Case file perused.

2 Shri Shailesh Ramniklal Shah

2.

It emerges at the outset that the assessee has filed his letter dated 18.04.2022 seeking to withdraw the instant appeal as follows: “The impugned appeal has been filed by the assessee against the Revision Order u/s 263 passed for A.Y. 2016-17. It is submitted that in the asst. order passed u/s 143(3) r.w.s. 263, the A.O. has accepted the claim of the assessee without making any addition on the issue which was directed to be verified by the PCIT vide the revision order u/s 263. In view of this fact, the present appeal filed against the revision order u/s 263 has become infructuous. Therefore, the assessee requests for withdrawal of the present appeal. The assessee would be grateful if the appeal is permitted to be withdrawn.”

3.

The department is fair enough in not opposing to the assessee‟s foregoing withdrawal request. Ordered accordingly.

4.

This assessee‟s appeal is dismissed as withdrawn in foregoing terms.

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