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Facts
The assessee's original assessment order was passed under Section 144 r.w.s. 144B. The CIT(A) remitted the entire appeal back to the AO for fresh adjudication. Subsequently, the PCIT exercised jurisdiction under Section 263 on the same assessment order.
Held
The tribunal accepted the assessee's request to withdraw the appeal, as the revision order passed by the PCIT under Section 263 became infructuous due to the CIT(A) remitting the entire matter back to the AO.
Key Issues
Whether a revision order under Section 263 is valid when the underlying assessment order has been remitted back to the AO by the CIT(A).
Sections Cited
Section 144, Section 144B, Section 263
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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI & DR. DINESH MOHAN SINHA
आदेश /ORDER PER DR. ARJUN LAL SAINI, AM: Captioned appeal filed by the assessee is directed against the order passed by the Learned Principal Commissioner of Income Tax, Jamnagar (in short, Ld. PCIT) u/s 263 of the Income Tax Act, 1961 (for short, ‘the Act’) vide order dated 12.02.2025.
At the outset, the Ld. Counsel for the assessee submitted that in the assessee’s case, the original order was passed by the AO on 28.12.20222 under section 144 r.w.s. 144B of the Act. Against this order, the assessee filed the appeal before the Ld. CIT(A), who in turn remitted the issue back to the file of AO for fresh adjudication. The Ld. PCIT exercised his jurisdiction under section 263 of the Act on the same assessment order passed under section 144 r.w.s 144B of the Act dated 28.12.2022. Since the Ld. CIT(A) has remitted the entire appeal of the assessee back to the file of 2021-22 Manish Kamleshbhai Sakhiya AO, therefore, the revision order passed by the Ld. PCIT under section 263 of the Act vide order dated 28.12.2022 becomes infructuous, therefore, the assessee wants to withdraw this appeal.
On the other hand, the Learned Departmental Representative (Ld. DR) for the revenue did not have any objection if the assessee withdrawn this appeal.
We have heard both the parties and carefully gone through the submissions put forth on behalf of the assessee along with the documents furnished and the case laws relied upon and perused the facts of the case including the findings of the Ld. PCIT and other material brought on record. We accept the request of the assessee for withdrawal of this appeal, therefore, consequently, we treat this appeal as dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.