M/S. SPP FOOD PRODUCTS (P) LTD.,DELHI vs. ITO, UTTRAKHAND
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee's application to withdraw the appeal. Since the assessee had already obtained relief and there was no tax demand, pursuing the appeal was considered academic.
What were the facts?
The assessee filed an appeal against an order of the CIT. The assessee later sought to withdraw the appeal, stating that the assessment order against which the appeal was filed had been revised, and the assessee had obtained relief with no tax demand.
What were the issues?
Whether an appeal can be withdrawn when the underlying issue has been resolved and there is no tax demand.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the assessee is preferred against the order of the Commissioner of Income Tax, Haldwani dated 16.03.2015 pertaining to A.Y 2010-11.
Vide application dated 16.07.2018, the assessee has prayed for withdrawal of the appeal. The relevant part of the application reads as under :-
“Sir,
The captioned appeal is fixed for hearing on 16.07.2018.
It is submitted that pursuant to order u/s 263 against which this appeal is filed, the assessment has been made by Assessing Officer u/s 263 / 143 (3). Against that order assessee also filed appeal before CIT (A) and got the relief.
Hence pursuing this appeal now would be only academic as assessee has already got relief and there is no tax demand.
It is humbly requested that the aforesaid appeal may kindly be allowed to be withdrawn.”
In the result, the appeal of the assessee in is dismissed as withdrawn.
The order is pronounced in the open court on 16.07.2018.
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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