M/S. SAVANOOR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD,PUTTUR vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, PANAJI

PDF · subscribers
ITA 766/BANG/2023Status: DisposedITAT Bangalore15 April 2024AY 2016-17Bench: SMT. BEENA PILLAI (Judicial Member), SHRI LAXMI PRASAD SAHU (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The assessee sought to withdraw the appeal, stating that the CIT(A) had already allowed their claim for deduction u/s 80P(2)(a)(i) of the Act, making the present appeal infructuous. The assessee was granted permission to withdraw the appeal with liberty to revive it in case the CIT(A)'s order is reversed.

What were the facts?

The assessee filed an appeal against the order of the Pr.CIT dated 15/09/2023 for AY 2016-17. At the time of hearing, the assessee requested to withdraw the appeal with liberty to revive it if the CIT(A) order is overturned. The assessee's counsel submitted that the CIT(A) had allowed the appeal against the order u/s 143(3)/263 of the Act.

What were the issues?

Whether the appeal filed against the order u/s 263 of the Act is to be dismissed as withdrawn, with liberty to revive.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 80P(2)(a)(i)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU

For Appellant: Ms. Lakshmi, Advocate
For Respondent: Dr. Subash K.R CIT (DR)
Hearing: 04.04.2024Pronounced: 15.04.2024

O R D E R Per Laxmi Prasad Sahu, Accountant Member :-

This is an appeal filed by the assessee against the order passed by the Pr.CIT, Panaji dated 15/09/2023 for the assessment year 2016-17.

2.

At the time of hearing, it is seen from the record that the assessee vide letter dated 04th April, 2024 has Page 2 of 6 requested for the withdrawal of the appeal with the liberty to revive this appeal to agitate validity of the sec. 263 of the Act in the event, if the CIT(A) order is overturned or reversed by this Tribunal or any other statutory appellate forum. The letter dated 04/04/024 is reproduced below for ready reference:-

3.

At the outset of hearing, the ld.AR of the assessee submitted that the CIT(A) has allowed the appeal of the assessee filed against order u/s 143(3)/263 of the Act. Hence, the appeal filed before the ITAT against the order u/s 263 of the Act dated 15/09/2023 becomes

Page 6 of 6 infructuous. In view of the same, the assessee’s appeal is dismissed as withdrawn in above terms.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →