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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI D.KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM
आदेश आदेश / ORDER आदेश आदेश
PER D. KARUNAKARA RAO, AM :
This appeal is filed by the assessee against the order of Prl. CIT-6, Pune dated 30-03-2017 u/s.263 of the Act for the Assessment Year 2012-13.
Assessee raised 14 grounds questioning the correctness of the said order of the Prl.CIT-6, Pune u/s.263 of the Act.
During the proceedings before us, at the outset, Ld. AR for the assessee filed a letter dated 05-01-2018 and mentioned that the assessee proposes to withdraw the appeal for the reasons mentioned in this letter. Assessee seeks permission of the Tribunal in the matter. For the sake of completeness of this order, we proceed to extract the submissions of the assessee here as under :
2 ITA No.1047/PUN/2017 Kewal Real Estate Developers Pvt. Ltd.,
“Now, the Appellant wishes to inform your Honour s that pursuant to the order passed under section 263 of the Act by the Ld. Pr. CIT-6, Pune, the jurisdictional Assessing officer has concluded the revisionary assessment proceedings and has passed the order under section 143(3) r.w.s 263 of the Act on 22 December 2017. A copy of the order passed by the AO is enclosed herewith at page no. 781 to 783.The AO has passed the order accepting the income assessed in the original assessment proceedings (ie the original order passed under section 143(3) of the Act on 27 March 2015), after perusing the following submission on merits of the case:
a. Submission dated 27 December 2017 wherein completion certificates of Kumar Primavera Project was filed (Refer page no. 784 to 791);
b. Submission dated 20 December 2017 wherein the submission made before the Ld. Pr CIT-6 in response the notice issued under section 263 of the Act was filed (Refer page no. 792 to 793) and same points were reiterated before the AO to buttress the plea that original income assessed may kindly not be disturbed.
In view of the above, the Appellant wishes to submit that as the AO has accepted the income assessed originally during the course of regular assessment proceedings, therefore, the captioned appeal before your Honour’s has become academic and may kindly be disposed of accordingly.”
Bringing our attention to the fresh assessment order of the AO
dt. 22-12-17 passed u/s.143(3) r.w.s.263 of the Act, Ld. AR for the
assessee demonstrated the fact of accepting the income originally
assessed in assessment order dated 27-03-2015 in the said fresh
assessment. On perusal of the said fresh assessment order dated
22-12-2017, we have noticed that no additional income is brought to
tax in this order of the AO after giving effect to the order of Prl.CIT-6
u/s.263 of the Act. For the sake of completeness, relevant operational
Para No.6 is reproduced hereunder :
“6. Subject to the above, the total income of the assessee is re-computed as under :
Income from business or profession Amount Rs. Assessed income as per order u/s.143(3) of the 3,90,63,080/- Income Tax Act, 1961 was passed on 27-03-2015 Total taxable income u/s.143(3) rws 263 of the 3,90,63,080/- order
On hearing both the parties on this issue and considering the
fact that no additional income is brought to tax u/s.143(3) r.w.s. 263
3 ITA No.1047/PUN/2017 Kewal Real Estate Developers Pvt. Ltd.,
of the Act, we are of the view that it is the case where the original order
of the AO is not prejudicial to the interest of the Revenue as
erroneously held by the Prl.CIT in the revision order passed u/s.263 of
the Act. Further, it is a settled legal proposition that when there is no
loss of revenue to the Department, the original assessment order of the
AO cannot be held to be erroneous in so far as it is prejudicial to the
interest of the Revenue. Before us, Ld. AR for the assessee submitted
that assessee seeks to withdraw the appeal as the same constitutes an
academic exercise only. On hearing the Ld. DR for the Revenue, we
find no reason to object the request for dismissal of the appeal as
withdrawn. Accordingly, the appeal of the assessee is dismissed as
“withdrawn”.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on this 05th day of January, 2018.
Sd/- Sd/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) �याियक �याियक सद�य �याियक �याियक सद�य सद�य /JUDICIAL MEMBER लेखा सद�य लेखा लेखा सद�य लेखा सद�य सद�य / ACCOUNTANT MEMBER सद�य
पुणे Pune; �दनांक Dated : 05th January, 2018. सतीश आदेश क� �ितिलिप अ�ेिषत आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : आदेश क� �ितिलिप अ�ेिषत आदेश क� �ितिलिप अ�ेिषत
अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. The Pr.CIT-6, Pune िवभागीय %ितिनिध, आयकर अपीलीय अिधकरण, “A Bench” 4. Pune; गाड� फाईल / Guard file. 5. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER,स आदेशानुसार
स�यािपत �ित //True Copy// Senior Private Secretary //True Copy// आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune