M/S. J PAN TUBULAR COMPONENTS PVT. LTD.,GREATER NOIDA vs. ACIT, NOIDA

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ITA 2642/DEL/2014Status: DisposedITAT Delhi12 April 2017AY 2009-102 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 Tribunal noted that the Assessing Officer's assessment remained unchanged despite the Section 263 order. Consequently, the assessee requested to withdraw the appeal.

What were the facts?

The assessee filed an appeal against an order passed by the CIT under Section 263. During the hearing, the assessee's counsel stated that the Assessing Officer made the assessment on the same figures as before, rendering the appeal academic.

What were the issues?

Whether the appeal filed against the CIT's Section 263 order is maintainable when the subsequent assessment by the AO did not alter the original assessment figures.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “D”, NEW DELHI

Before: SHRI S.V. MEHROTRA & SMT. BEENA A. PILLAI

For Appellant: Shri M. P. Rastogi, Adv
For Respondent: Shri Umesh Chand Dubey, Sr.DR

O R D E R PER S.V. MEHROTRA, V.P. :

This is an appeal filed by the assessee against the order dated 17.02.2014 passed by the Commissioner of Income Tax, Noida, u/s 263 of the Income Tax Act, 1961 (in short “the Act”), relating to assessment year 2009-10. 2. At the time of hearing, ld. counsel for the assessee submitted that in pursuance to order passed u/s 263 of the Act, the Assessing Officer has made the assessment on same figures as was earlier made and, therefore, the appeal filed by the assessee as only become academic. He, accordingly, requested for withdrawal of appeal. Ld. DR did not raise any objection in this regard.

3.

Accordingly, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on this 12th day of April, 2017.

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