SUMAN SHANKAR DESHMUKH,VIKHALE vs. PR COMMISSIONER OF INCOME-TAX -4, PUNE

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ITA 128/PUN/2021Status: DisposedITAT Pune25 April 2022AY 2016-172 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted permission to the assessee to withdraw the appeal as the issue had become academic. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the Principal Commissioner of Income Tax. Subsequently, the Assessing Officer accepted the income as per the original return after considering the assessee's explanations.

What were the issues?

Whether the appeal filed against the order under Section 263 has become academic due to subsequent developments.

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 – VIRTUAL COURT

Before: SHRI S.S.VISWANETHRA RAVI & SHRI DR. DIPAK P. RIPOTE

For Appellant: Shri S. N. Puranik
For Respondent: Shri Anurag Srivastava

ORDER

PER DR. DIPAK P. RIPOTE, AM :

1.

This appeal is against Pr. Commissioner of Income Tax-4, Pune’s order dated 31.03.2021 for assessment year 2016-17.

2.

When the matter had come up for hearing, the ld. AR for the assessee filed a letter dated 07.04.2022 seeking permission to withdraw the above captioned appeal. The relevant contents of the said letter dated 07.04.2022 are reproduced hereunder :- “I have received Order giving effect, Order u/s 143(3) r.w.s 263 on 30.03.2022, where Assessing Officer, NFAC Delhi has accepted the Income as per Original Return considering the explanations furnished. Therefore, Appeal against Order u/s 263 on Jurisdiction issue has become academic and may be allowed on merits, as Assessing Officer has confirmed that same was not erroneous so far as prejudicial to the Interest of Revenue. Copy of Order u/s 263 is enclosed.” 3. Considering the written submission of the ld. AR and ld. Sr. DR’s no objection for withdrawal of the present appeal, we hereby grant permission to the assessee to withdraw the present appeal. Accordingly, the above captioned appeal stands dismissed as ‘withdrawn’.

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