U P STATE WAREHOUSING CORPORATION,LUCKNOW vs. PCIT, LUCKNOW - 1

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ITA 42/LKW/2021Status: DisposedITAT Lucknow19 May 2022AY 2015-20162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. Since the assessee had no further grievance after the Assessing Officer's subsequent order, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the PCIT under section 263. Subsequently, the Assessing Officer passed an order under section 143(3)/263, accepting the original assessment, leaving the assessee with no grievance.

What were the issues?

Whether the appeal filed against the PCIT's order under section 263 is maintainable when the subsequent order by the AO has resolved the assessee's grievance.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

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

For Appellant: Shri Ashok Seth, C.A
For Respondent: Smt. Sheela Chopra, CIT (DR)

PER A.D. JAIN, V.P.: This is assessee’s appeal against the order of the ld. PCIT, Lucknow, dated 18.3.2021 passed under section 263 of the Income Tax Act, 1961. 2. The ld. Counsel for the assessee has moved an application dated Nil, received by the Registry of this office on 17.5.2022, for withdrawal of the appeal, stating therein that pursuant to the impugned order of the PCIT passed under section 263 of the I.T. Act, the Assessing Officer passed an order, dated 30.3.2022 under section 143(3)/263 of the I.T. Act, accepting the income originally assessed and thus, there is no grievance by the assessee. He, accordingly, submitted that that assessee may be allowed to withdraw the appeal filed before the Tribunal. The ld.

D.R. has no objection to such request. In the light of the request of the assessee, the appeal is dismissed as withdrawn. 3. In the result, the appeal is dismissed as withdrawn. Order pronounced in the open Court on 19/05/2022.

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