SAHAKARI VIPNAN EVAM PRAKRIYA SAMITI,UJJAIN vs. ITO-2(2), UJJAIN

This appeal filed by assessee is directed against the revision-order dated 28.03.2019 passed by learned Pr. Commissioner of Income-Tax, Ujjain [“Ld. PCIT”] u/s 263 of the Income-tax Act, 1961 [“the Act”], which in turn arises out of the order of assessment dated 17.06.2016 passed by learned ITO-2(2), Ujjain [“the Ld. AO”] u/s 143(3) for Assessment-Year 2014-15.

When the case was taken up for hearing, the assessee filed an application stating that the revenue has already passed assessment-order on 28.11.2019 u/s 143(3) of the Act in pursuance of the aforesaid order dated 28.03.2019 appealed against in present appeal. Thereafter, the assessee filed an appeal against the assessment-order dated 28.11.2019 to Sahkari Vipnan Evam Prakriya Samiti Assessment Year 2014-15 Ld. CIT(A). The Ld. CIT(A) has already decided the appeal filed by the vide order dated 04.05.2022 wherein full relief has been granted to the assessee. A copy of appeal order is also filed by assessee on record. The assessee has requested that since the appeal against the assessment-order passed by Ld. AO in pursuance of the revision-order u/s 263 of the Act has already been decided in assessee’s favour, there does not survive any grievance to the assessee. Therefore, the assessee does not want to pursue this appeal and as such requested to withdraw the appeal.

We have considered the request of assessee to withdraw the appeal. We have also confronted the Ld. DR who did not have any objection if the withdrawal is permitted. Therefore, we allow withdrawal of this appeal as prayed for.

In the result, the present appeal is dismissed.