POONAM RAJKUMAR DIWANKA,NAGPUR vs. PCIT (CENTRAL), NAGPUR

Date of Hearing – 23/06/2025 Date of Order – 23/06/2025

O R D E R PER K.M. ROY, A.M.

By this appeal, the assessee has challenged the impugned order dated 29/02/2024, passed by the learned Commissioner of Income Tax, (Appeals)–3, Nagpur, [“learned CIT(A)”] for the assessment year 2018–19.

2 Poonam Rajkumar Diwanka ITA no.228/Nag./2025 1961 (for short "the Act") was passed by the Assessing Officer on 24/09/2021, which was subject matter in the proceedings under section 263 of the Act which culminated into passing the order dated 29/02/2024, under section 263 of the Act, whereby the aforesaid assessment order was set aside for framing fresh assessment. In consequence to the aforesaid order passed under section 263 of the Act, the Assessing Officer, passed order on 24/02/2025, against which the assessee preferred appeal before the learned CIT(A), who, vide order dated 30/05/2025, deleted the addition of ` 64,42,400, on account of long term capital gain, as made by the Assessing Officer vide consequential order in conformity with the order passed under section 263 of the Act as the assessee can no longer be said to be aggrieved. Thus, the instant appeal challenging the order under section 263 of the Act has become infructuous. There is a delay of 340 days in filing the instant appeal. The assessee, in the aforesaid peculiar facts and circumstances has requested for withdrawal of this appeal and did not press for adjournment. The learned Departmental Representative did not refute the factual aspect of the case. Considering the peculiar facts and circumstances of the case in totality, as requested, the instant appeal by the assessee is liable to be dismissed as withdrawn.