M/S SAHARA CREDIT COOPERATIVE SOCIETY LIMITED, LUCKNOW,LUCKNOW vs. PRINCIPAL COMMISSIONER OF INCOME TAX, LUCKNOW -1, LUCKNOW

There is a delay of 21 days in filing of the appeal. The assessee has filed an application for condonation of delay stating therein that in this case the Principal Commissioner of Income Tax has passed the order u/s 263 of Income Tax Act, 1961 on 22.03.2021 as such the due date of filing appeal was 20.05.2021. However, due to Covid-19 outbreak, Hon'ble Supreme Court vide order dated 27th April 2021 suo motu in Writ Petition (Civil) No.3 of 2020 restored the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 directed that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended

Having carefully perused the application for condonation of delay, we find that there was sufficient cause for the delay in filing of the appeal. Accordingly, we condone the delay and admit this appeal for hearing.

The ld. Counsel for the assessee sought the permission of the Bench to withdraw the appeal by moving an application dated 04.07.2022, stating as under: “That the appellant has preferred the above appeal against the order passed by the Pr. CIT, Lucknow-1, Lucknow on 22.03.2021. The assessment of the appellant has since been completed and the appellant is not willing to pursue the appeal filed before your honours further, therefore, I have been directed to withdraw the appeal. Under the circumstances, it is prayed that the aforesaid appeal may kindly be treated as withdrawn and the appellant may kindly not be treated in default.”

Learned D.R. has no objection. Accordingly, we permit the assessee to withdraw the appeal.

In the result, appeal filed by assessee is dismissed as withdrawn.