TRIVENI ENGINEERING AND INDUSTRIES LTD.,NOIDA vs. PR. CIT (CENTRAL), KANPUR
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The assessee sought to withdraw the appeals as the issues had become academic due to the favorable consequential orders. The Tribunal allowed the withdrawal of the appeals.
What were the facts?
The assessee filed appeals against an order passed by the Principal Commissioner of Income Tax (PCIT) under section 263. The PCIT had set aside two issues to the assessing officer for fresh examination. Subsequently, the assessing officer passed consequential orders accepting the assessee's claims.
What were the issues?
Whether the appeals filed against a PCIT's order under section 263 have become academic and can be withdrawn by the assessee due to subsequent favorable orders from the assessing officer.
Which sections of the Income-tax Act were involved?
Section 263,Section 80-1A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. N. K. Saini, Hon’ble & Sh. Sudhanshu Srivastava
Heard together (4 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Assessee by : Sh. Rohit Jain, Adv & Ms. Tejasvi Jain, Adv Revenue by : Sh. Sanjay Goel, CIT (DR) Date of Hearing : 15.11.2018 Date of Pronouncement : 19.11.2018 ORDER Per N. K. Saini, Vice President: These appeals by the assessee are directed against the order dated 02.02.2015 of the learned Pr. CIT(Central), Kanpur. 2. During the course of hearing, the learned counsel for the assessee at the very outset stated that he has the instruction to withdraw these appeals and gave in writing as under:-
“The Hon’ble Members Delhi ‘A’ Bench, Income Tax Appellate Tribunal, Lok Nayak Bhawan, Khan Market, New Delhi Sirs Re: Income-tax appeals in the matter of Triveni Engineering & Industries Ltd. for the assessment years 2008-09 to 2011-12 (1TA Nos.2030 to 2033/Del/2015) The captioned appeals are fixed for hearing before the Hon’ble Bench today. In this regard, it is respectfully submitted as under: The captioned appeals have been filed against the consolidated order dated 2.2.2015 passed by the Principal Commissioner of Income Tax ("PCIT”) under section 263 of the Income Tax Act 1961 ("the Act) for assessment years 2008-09 to 2011-12 wherein the PCIT had set-aside the following two issues to the file of the assessing officer for fresh examination: • Claim for deduction under section 80-1A of the Act in respect of profits from steam generation: • Amount received from sale of carbon credits treated as capital receipt. Pursuant to the aforesaid, fresh assessments were made vide separate consequential order(s) dated 5.5.2015 passed by the assessing officer for AY’s 2008-09 to 201 1-12. Copies enclosed. In the said orders, the assessing officer, after detailed examination, accepted the claims of the appellant. In view of the aforesaid consequential orders passed by the assessing officer, the present appeals filed by the appellant against the orders passed by the PCIT under section 263 of the Act have, it is submitted, merely been rendered academic in nature. In the aforesaid circumstances, the appellant seeks permission of the Hon’ble Tribunal to withdraw the captioned appeals. Accordingly, the captioned appeals may kindly be dismissed as withdrawn. We trust that our request shall be acceded to, Thanking You, Yours Faithfully, For Vaish Associates Advocates Sd/- Tejasvi Jain”
In his rival submissions, the learned Sr. DR did not object if the appeals of the assessee are dismissed as withdrawn.
In view of the above, the appeals filed by the assessee are dismissed as withdrawn.
In the result, appeals of the assessee are dismissed.
(Order Pronounced in the Open Court on 19/11/2018)
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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