ORIO SANGHAI COLOURS PVT.LTD.,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

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ITA 57/AHD/2021Status: DisposedITAT Ahmedabad12 May 2022AY 2015-162 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 appeal. Since the underlying issue was resolved by the Assessing Officer, the appeal was no longer necessary.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263. Subsequently, the Assessing Officer dropped all proposed additions, rendering the grievance against the PCIT's order moot.

What were the issues?

Whether an appeal filed against a Section 263 order can be withdrawn when the subsequent assessment order resolves the issue.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: Shri P.M. Jagtap & Shri Siddhartha Nautiyal

For Respondent: Shri Purushottam Kumar, Sr. D.R

आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:-

1.

This is an appeal filed by the assessee against the order of the ld. Pr. Commissioner of Income Tax PCIT-3, Ahmedabad in DIN & Order No. ITBA/REV/F/REV5/2020-21/1032122894(1) vide order dated 31/03/2021 passed for the assessment year 2015-16.

Page No. 2 Orio Sanghai Colours Pvt. Ltd. vs. Pr. CIT-3

2.

The assessee has filed an application dated 06-05-2022 requesting to grant leave to withdraw the appeal filed. The assessee had filed appeal against order u/s. 263 by Pr. CIT-3, Ahmedabad. Subsequently, vide order dated 30-03-2022 passed by Assessing Officer, National Faceless Assessment Centre, Delhi, he accepted the assessee’s contentions and dropped all additions proposed vide order u/s. 263 of the Act passed by PCIT-3, Ahmedabad. Accordingly, since the grievance against order u/s. 263 of the Act no more survives, the assessee has requested to grant leave to withdraw the appeal filed. The Departmental Representative has not objected to assessee’s request for withdrawal of the appeal. Accordingly, the appeal is dismissed as withdrawn.

3.

In the result, the assessee’s appeal is dismissed as withdrawn.

Order pronounced in the open court on 12-05-2022

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