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Facts
The assessee filed appeals against intimation orders for A.Y. 2016-17 and 2019-20, where the CPC incorrectly computed Adjusted Total Income for AMT by erroneously adding back Section 80P deduction. The assessee's grievance was that Section 115JC excludes Section 80P deduction from such addition. Subsequently, the Assessing Officer issued rectification orders under Section 154, correctly recomputing the income and resulting in a NIL tax demand for both years.
Held
Since the rectification orders addressed the assessee's grievance, the assessee sought to withdraw both appeals. The Departmental Representative had no objection. Consequently, the Tribunal permitted the withdrawal, and both appeals were dismissed as withdrawn.
Key Issues
Whether the CPC's computation of Adjusted Total Income for AMT was correct regarding Section 80P deduction, and if rectification by AO warranted withdrawal of appeals.
Sections Cited
Section 250, Income Tax Act, 1961, Section 154, Section 143(1), Section 80P, Section 115JC, Chapter VI-A, Section 80IA
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “A” :: PUNE
Before: DR.DIPAK P. RIPOTE & SHRI VINAY BHAMORE
ORDER PER DR. DIPAK P. RIPOTE, AM: These two appeals filed by the Assessee are against the separate orders of ld.Addl./Joint Commissioner of Income Tax(Appeal)-2 Visakhapatnam passed under section 250 of the Income Tax Act, 1961 for A.Y.2016-17 and 2019-20 both dated 18.12.2024 respectively. Findings & Analysis : 2. At the outset of hearing, CA Hanmant Dattatry Dhavle ld.AR for the Assessee submitted that Assessing Officer has passed a & 16/PUN/2025 [A] Rectification Order u/s.154 r.w.s 143(1) wherein the adjusted total income has been correctly recomputed by excluding the deduction under section 80P of the Act, hence, Assessee does not wish to pursue the present appeal thereby request to withdraw both the appeals. 2.1 Letter for A.Y.2016-17 reproduced as under :
& 16/PUN/2025 [A] 2.2 Letter for A.Y.2019-20 reproduced as under :
2.3 The Assessee i.e.Bhimashankar Sahakari Sakhar Karkhana Ltd., vide letter dated 20.01.2026 requested to grant permission to 3 withdraw the appeal. The said letter is kept on record.
ITA Nos.15 & 16/PUN/2025 [A]
On the other hand, the ld.Departmental Representative(ld.DR) of the Revenue did not object to the contention of the assessee and has no objection if both appeals of assessee are dismissed as withdrawn.
In view of the above, we permit to withdraw both appeals of the assessee. Accordingly, grounds of appeal raised by the assessee in both appeals are dismissed as withdrawn.
In the result, both appeals of the assessee are dismissed as withdrawn. Order pronounced in the open Court on 21 January, 2026.