M/S. NEW OM CONSTRUCTION CO.,DELHI vs. PR. CIT DELHI- 16, NEW DELHI

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ITA 3461/DEL/2015Status: DisposedITAT Delhi20 March 2017AY 2010-113 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 allowed the assessee's request to withdraw the appeal. The reassessment proceedings for the relevant assessment year had been completed, and the returned income was accepted.

What were the facts?

The assessee filed an appeal against an order passed by the Principal CIT under Section 263. The assessee later sought to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee against the Section 263 order is maintainable after completion of reassessment proceedings and acceptance of returned income.

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, DELHI “G” BENCH,

Before: SHRI R.K. PANDA & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri M.K. Dudeja, CA
For Respondent: Shri S.S. Rana, CIT- DR
Hearing: 20.03.2017Pronounced: 20.03.2017

PER R.K. PANDA, ACCOUNTANT MEMBER:-

1.

This appeal filed by the assessee is directed against the order dated 31.03.2015 passed u/s 263 of the Income-tax Act, 1961 by the Pr. CIT, Delhi – 16, relating to A.Y. 2010-11.

2.

The assessee has filed an application seeking permission of the Bench to withdraw the appeal filed by it on the ground that the reassessment u/s 143(3)/263 of the Act has been completed by the jurisdictional ITO on 29.3.2016 who has accepted the returned income and therefore, the assessee has no grievance. In absence of any objection from the ld. DR, the request of the assessee seeking permission of the Bench to withdraw the appeal filed by the assessee is acceded to.

3.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court at the time of hearing itself on 20.03.2017. Sd/- Sd/- (SUDHANSHU SRIVASTAVA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 20.03.2017 V. Lakshmi Copy forwarded to: 1) Appellant 2) Respondent 3) CIT 4) CIT (Appeals) 5) DR: ITAT

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