RAJ KUMAR GUPTA,AGRA vs. PRINCIPLE COMMISSIONER OF INCOME TAX -1. AGRA, AGRA
Facts
The assessee filed an appeal against a revisionary order. Subsequently, the assessee filed an application to withdraw the appeal as a fresh assessment order under Section 143(3) read with Section 263 of the Income-tax Act was passed and accepted by the assessee.
Held
The Tribunal heard both parties and considered the withdrawal application. The Department had no objection to the withdrawal.
Key Issues
Whether the appeal filed by the assessee should be dismissed as withdrawn upon the assessee's application and the Department's no objection.
Sections Cited
263, 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRABENCH, AGRA
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR KUMAR
PER RAMIT KOCHAR, Accountant Member:
This appeal in ITA No.102/Agr/2022 for the assessment year
2017-18 has arisen from the revisionary order dated 31.03.2022 passed
ITA No.102/Agr/2022
by learned Principal Commissioner of Income-tax-1, Agra u/s. 263 of
the Income-tax Act, 1961.
The learned Counsel for the assesseenamely Shri Anurag Sinha,
Advocate has filed an application with ITAT, Agra Bench, Agra on
22.01.2025 (inward Dak No. 2127)(placed on record in file) stating that
this appeal filed with ITAT, Agra Bench , Agra has arisen from the
revisionary order dated 31.03.2022 passed by ld. PCIT-1, Agra u/s 263
of the 1961 Act. It is stated in the aforesaid application that pursuant to
revisionary order u/s 263 passed by ld. PCIT-1, Agra, U.P., the
assessment in the case of the assessee u/s 263 read with Section
143(3) has been framed by the AO vide order dated 31.03.2023 (DIN &
Letter No. ITBA/COM/F/17/2022-23/1051822965(10)), which is
accepted by the assessee, and the assesseenow wants to withdraw his
appeal in ITA no. 102/Agr/2022 for assessment year 2017-18 filed with
ITAT, Agra Bench, Agra. The said assessment order is placed on
record in file. Prayers are made by the assessee vide aforesaid written
application dated 21.01.2025 that in view thereof the assessee wants to
withdraw its appeal in ITA No. 102/Agr/2022 for assessment year 2017-
18.
2 | P a g e
ITA No.102/Agr/2022
On being asked by the Bench, learned CIT-DR submitted that the
Department has no objection if the appeal of the assessee is allowed to
be withdrawn.
After hearing both the parties and perusing the material on record,
we hereby dismiss the appeal filed by the assesseein ITA No.
102/Agr/2022 for the assessment year 2017-18 being withdrawn by the
assessee. We order accordingly.
In the result, appeal of the assesseein ITA no. 102/Agr/2022 for
assessment year 2017-18 stands dismissed as being withdrawn by the
assessee as detailed above.
Order pronounced in the open court on 28.01.2025.
Sd/- Sd/- SUDHIR KUMAR (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
3 | P a g e
