M/S. AMIT ENTERPRISES HOUSING LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, CENTRAL), PUNE

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ITA 196/PUN/2021Status: DisposedITAT Pune26 May 2022AY 2017-183 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 granted the assessee's request to withdraw the appeals, considering there were no adverse implications from the PCIT's order and to avoid litigation costs.

What were the facts?

The assessee filed appeals against an order passed by the Pr. Commissioner of Income Tax (PCIT) under Section 263. Subsequently, the Assessing Officer passed a revised assessment order after verification, making no additions.

What were the issues?

Whether the appeals filed against the PCIT's order under Section 263 should be allowed to be withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

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

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Ms. Sarvesha Baj
For Respondent: Shri Sardar Singh Meena
Hearing: 26.05.2022Pronounced: 26.05.2022

PER INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against the separate orders of ld. Pr. Commissioner of Income Tax (Central), Pune common dated 31.03.2021 for the assessment years 2016-17 and 2017-18. 2. When the matter had come up for hearing, ld. AR for the assessee filed a letter dated 24.05.2022 seeking permission to withdraw the above captioned appeals. The relevant contents of the said letter dated 24.05.2022 are reproduced hereunder :- “In this regard it is respectfully submitted that the Appellant had filed the appeal before Your Honours against the order of the Hon'ble Principal Commissioner of Income-Tax ('PCIT') passed u/s 263 of the Income-tax Act, 1961 ('the Act') dated 31st March, 2021, wherein the Hon'ble PCIT has set aside the assessment order u/s 143(3) r.w.s 153A dated 27th December, 2018 for the year under consideration, with specific directions to verify the year on year revenue recognition and estimated cost of construction. Subsequently, the Learned Assessing Officer ('Ld. AO') has passed the assessment order u/s. 143(3) r.w.s. 263 of the Act wherein after verification of issues as required by the Hon'ble PCIT, no addition has been made by the Ld. AO. In view of the fact that there are no adverse implications of the order passed u/s. 263 of the Act and to avoid cost of litigation, the Appellant requests your Honour to kindly allow the Appellant to withdraw the appeal mentioned above, for the kind act of which the Appellant shall be much obliged.”

3.

Considering the above submissions of the ld. AR for the assessee and ld. Sr. DR’s no objection for withdrawal of these appeals, we hereby grant permission to the assessee to withdraw these appeals. Accordingly, the above captioned appeals stands dismissed as ‘withdrawn’.

4.

In the result, both the appeals filed by the assessee stand dismissed as ‘withdrawn’. Order pronounced in the open Court on this 26th day of May, 2022. (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; "दनांक / Dated : 26th May, 2022. Sujeet आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.

1.

""यथ" / The Respondent.

2.3.

The Pr. CIT (Central), Pune. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, “A” ब"च, 4. पुणे / DR, ITAT, “A” Bench, Pune. गाड" फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, //// Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

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