NAVEEN ELECTRICALS,MEERUT vs. PR.CIT, MEERUT

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ITA 7005/DEL/2017Status: DisposedITAT Delhi06 March 2019AY 2013-142 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. This was due to the subsequent development of a fresh assessment order and the assessee having already filed an appeal against that new order.

What were the facts?

The assessee challenged an order passed under section 263 of the Income Tax Act for AY 2013-14. Subsequently, the Assessing Officer (AO) framed a fresh assessment under section 143(3) read with section 263, making an addition of Rs. 1,00,000.

What were the issues?

Whether the appeal should be withdrawn given subsequent developments in the assessment proceedings. The impact of a fresh assessment order on an ongoing 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, DELHI BENCH ‘E’, NEW DELHI

Before: SH. R.K PANDA & SHRI KULDIP SINGH

For Respondent: Ms. Rinku Singh, Sr. DR
Hearing: 06/03/2019Pronounced: 06/03/2019

This appeal filed by the assessee is directed against the 1. order dated 11.10.2017 passed u/s 263 of the I. T. Act 1961 by the PCIT, Meerut relating to A. Y. 2013-14.

2.

The Ld. counsel for the assessee at the outset filed an application requesting the permission of the Bench to withdraw the appeal filed by the assessee by mentioning as under :-

“The aforesaid appeal of the assessee relates to AY 2013-14. The assesee has challenged the order of the Pr. CIT passed under section 263 vide order dated 11.10.2017. It is submitted that pursuant to that order the AO has again framed the assessment under section 143 (3) read with section 263, vide order dated 28.12.2018. It is submitted that the AO, after thoroughly examining the matter, has made an addition of Rs.1,00,000/- only for which assessee has already filed appeal before the CIT(A). Therefore, in view of this subsequent development the undersigned on instruction of the assesee wants to withdraw this appeal.”

3.

In view of the above submission of the Ld. Counsel for the assessee and in absence of any objection from the side of the Ld DR, the appeal filed by the assessee is dismissed as “withdrawn”.

4.

In the result the appeal filed by the assesee is dismissed.

Order pronounced in the open court at the time of hearing itself i.e on 06.03.2019.

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