SH. SANJEEV KUMAR,DELHI vs. PR. CIT, NEW DELHI

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ITA 2472/DEL/2015Status: DisposedITAT Delhi28 April 2016AY 2011-122 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The appellants, being satisfied with the fresh assessment order, sought to withdraw their appeals. The Tribunal allowed the withdrawal of the appeals.

What were the facts?

The appellants filed appeals challenging the order of the Principal Commissioner of Income Tax (PCIT) passed under Section 263. Subsequently, the Assessing Officer (AO) passed a fresh assessment order under Section 143(3) r.w.s. 263.

What were the issues?

Whether the appeals challenging the PCIT's order under Section 263 are maintainable after a fresh assessment order has been passed and accepted by the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DELHI

Before: SHRI CHANDRA MOHAN GARG & SHRI L.P. SAHU

For Appellant: Shri B.N. Goswamy, Advocate

PER CHANDRA MOHAN GARG, JUDICIAL MEMBER Captioned appeals have been filed against the order of the Pr. CIT, New Delhi both dated 26.3.2015 for asstt. year 2011-12. passed u/s 263 of the Income Tax Act 1961 (for short the Act). However in the beginning of the arguments the Ld. Counsel for the appellants submitted that since the AO on 29.3.2016 has passed assessment order u/s 143(3) r.w.s. 263 of the Act and the assesses are satisfied with the assessment orders passed in pursuant to the impugned order of PCIT therefore appeals do not want to further agitate the issue before this Tribunal and the appellants may kindly be allowed to withdraw these appeals. Ld. DR submitted that the department has no objection if the appellants are allowed to withdraw their appeals and appeals may kindly be dismissed as withdrawn first.

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