PEE VEE TEXTILES LIMITED,WARDHA vs. DCIT/ACIT CIRCLE-3, NAGPUR, NAGPUR
Facts
The assessee filed an appeal against an order of the NFAC/CIT(A) for AY 2014-15, challenging the PCIT's jurisdiction under section 263 and the direction for a de novo assessment. During the hearing, the assessee's representative informed the tribunal that the AO, in giving effect to the PCIT's order, had accepted the assessee's contention without variation, leading to a fresh assessment order.
Held
Given that the Assessing Officer had already accepted the assessee's contentions and passed a fresh assessment order without any variation, the assessee sought to withdraw the appeal. The tribunal, noting no objection from the revenue, dismissed the appeal as withdrawn.
Key Issues
The appeal concerned the validity of the PCIT's jurisdiction under section 263 and the direction for a de novo assessment, but it was withdrawn as the AO had already accepted the assessee's contention.
Sections Cited
Section 254(1), Section 263
AI-generated summary — verify with the full judgment below
PER PAWAN SINGH, JUDICIAL MEMBER:
This appeal by the assessee is directed against the order of National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals) (in short, the ld. CIT(A)) dated 10/03/2025 for the Assessment Year (AY) 2014–15. The assessee has raised following grounds of appeal: “1. Whether on the facts and circumstances of the case, the learned PCIT was justified in assuming jurisdiction under section 263 and directing the assessing officer to conduct the assessment proceedings de novo. 2. Appellant craves leave to add or alter any other ground at the time of hearing.”
At the time of hearing the learned authorised representative (AR) of the assessee submits that the assessing officer (AO) while giving effect to the order of ld. PCIT under section 263, the AO has not made any variation and accepted the contention
Pee Vee Textiles Limited ITA No. 303/Nag/2025 (A.Y. 2020–21) of assessee and passed the fresh assessment order. Thus, he has instruction from assessee to withdraw the present appeal. The learned Senior departmental representative (ld. DR) for the revenue was fair enough not to oppose the withdrawal of the impugned appeal by the assessee. 3. Considering the prayer of ld. AR of the assessee, present appeal is dismissed as withdrawn. 4. In the result, this appeal of assessee is dismissed as withdrawn. Order announced in open court on 25th February 2026 at the time of hearing.
Sd/- Sd/- KHETTRA MOHAN ROY PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Nagpur: Dated: 25/02/2026 Biswajit Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file.
By order
Assistant Registrar ITAT, Nagpur
