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

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ITA 51/LKW/2021Status: DisposedITAT Lucknow04 July 2022AY 2016-20173 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 assessee, through their counsel, sought permission to withdraw the appeal as they were no longer willing to pursue it. The Tribunal granted permission for the withdrawal.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax. There was a delay in filing the appeal, which the assessee sought to condone citing the COVID-19 pandemic and Supreme Court orders extending limitation periods. The Tribunal condoned the delay.

What were the issues?

The primary issue was the condonation of delay in filing the appeal. Subsequently, the issue became whether the assessee should be allowed to withdraw their appeal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW

Before: SHRI A.D. JAIN & SHRI T. S. KAPOOR

For Appellant: Shri Devashish Mehrotra, Advocate
For Respondent: Shri Harish Gidwani, DR
Hearing: 04/07/2022Pronounced: 04/07/2022

Appellant by Shri Devashish Mehrotra, Advocate Respondent by Shri Harish Gidwani, DR Date of hearing 04/07/2022 Date of pronouncement 04/07/2022 O R D E R PER A.D. JAN, V.P.:

This is assessee’s appeal against the order of the ld. PCIT, Lucknow- I, dated 22.03.2021 for Assessment Year 2016-17.

2.

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

I.T.A. No.51 /Lkw/2021 2 till further orders. In view of the above, it was prayed that the delay in filing the appeal may be condoned.

3.

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.

4.

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.”

5.

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

6.

In the result, appeal filed by assessee is dismissed as withdrawn.

(Order pronounced in the open court on 04/07/2022) Sd/- Sd/- ( T. S. KAPOOR ) (A.D.JAIN) Accountant Member Vice President Dated: 04/07/2022 Aks

I.T.A. No.51 /Lkw/2021 3

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