KALPESH VAGHASIA,MUMBAI vs. PR. CIT - 32, MUMBAI

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ITA 4451/MUM/2019Status: DisposedITAT Mumbai29 January 2020AY 2010-113 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 department had no objection to the withdrawal. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Principal CIT under section 263. During the pendency of the appeal, the Assessing Officer passed a revised order under section 143(3) r.w.s 263, making no additions. Consequently, the assessee requested to withdraw the appeal.

What were the issues?

Whether the assessee can withdraw an appeal when the underlying issue has been rendered infructuous by a subsequent order. The right of the assessee to withdraw an appeal.

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, “H” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI S. RIFAUR RAHMAN

For Respondent: Ms. Mamta Bansal
Pronounced: 29/01/2020

आदेश / O R D E R PER SHRI VIKAS AWASTHY- JM:

1.

The present appeal filed by the assessee is against the order of Pr. CIT -32, Mumbai, dated 25.03.2019 passed u/s 263 of the Income Tax Act, 1961 (herein after referred to as ‘the Act’) for the A.Y 2010-11. 2. A copy of letter dated 28.1.2020 with a request to withdraw appeal has been received from the assessee. The relevant extract of the said letter is reproduced herein below:

. Kalpesh Vaghasia, Mumbai. - 2 - “BEFORE HON’BLE ‘H’BENCH ON 29.01.2020 In the case of : Kalpesh Vaghasia Appeal No. : 4451/M/19 Assessment year: 2010-11 Sub: Request for withdrawal of appeal The above appeal is fixed for hearing on 29.01.2020 before the Hon’ble ‘H’Bench. In this respect it is stated that Pr. Commissioner of Income Tax has passed a revision order u/s 263 dated 25.03.2019 wherein certain directions were issued to the Assessing Officer. Against the said order, the assessee had filed the impugned appeal before the Hon’ble Tribunal. In the meantime, the Assessing Officer has passed the order u/s 143(3) r.w.s 263 of the Income tax Act, 1961 dated 16.12.2019 wherein he has verified the facts and no addition has been made on the issue raised in the revision order (copy enclosed). In light of the same, the order passed by the ld. CIT has been rendered infructuous. Accordingly, the assessee wishes to withdraw the impugned appeal pending before your Honour in light of the order effect passed by AO. The assessee reserves its right to re-file the appeal in case the order passed by AO is again subjected to review. We, request your Honour to kindly allow the same. Your Honour’s kind cooperation in the above matter will be highly appreciated. We nevertheless, are extremely sorry for the inconvenience, if any, caused to your Honour. Thanking you, Yours faithfully, Sd/- Kalpesh Vaghasia”

3.

Ms. Mamta Bansal, representing the department stated at the Bar that she has no objection if the assessee wishes to withdraw present appeal.

. Kalpesh Vaghasia, Mumbai. - 3 - 4. In the light of aforementioned request from the assessee to withdraw appeal, the appeal by the assessee is dismissed as withdrawn. Order pronounced in the open court after hearing on Wednesday the, 29th day of January, 2020. Sd/- Sd/- (VIKAS AWASTHY) (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER JUDICIAL MEMBER

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