RAMKISHORE MALVIYA,JODHPUR vs. ITO, WARD-3(1), JODHPUR

PDF · subscribers
ITA 956/JODH/2024Status: DisposedITAT Jodhpur26 February 2026AY 2013-14Bench: DR. MITHA LAL MEENA, HON’BLE (Accountant Member), SHRI SUDHIR PAREEK, HON’BLE (Judicial Member)3 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted permission to the assessee to withdraw the appeal, as the assessee had received the requisite relief from the PCIT's order under Section 263 and the subsequent assessment order. The appeal was therefore dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the NFAC order for AY 2013-14. Subsequently, the assessee filed an application to withdraw the appeal, stating that the PCIT had passed an order under Section 263 of the IT Act, and the Assessing Officer had passed a satisfactory assessment order after providing due opportunity.

What were the issues?

The key legal issue was whether the assessee could withdraw an appeal after receiving satisfactory relief from a PCIT order under Section 263 and a subsequent assessment order.

Which sections of the Income-tax Act were involved?

Section 263,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

For Respondent: Shri P.R. Mirdha, Addl. CIT (Virtual)
Hearing: 17.02.2026

ORDER DR. MITHA LAL MEENA, A.M.: This appeal is filed by the assessee against the order of National Faceless Appeal Centre, Delhi [hereinafter referred to NFAC/CIT(A)] dated 17.10.2024 with respect to assessment year 2013-14.

2.

None attended for the assessee, however, he has filed an application dated 25.11.2025 wherein assessee has stated as under:

1.

“In the case of above appeal, we may kindly be permitted to submit that Ld. CIT had passed the order u/s 263 of the I.T. Act and accordingly Ld. ITO has passed the assessment order after giving proper opportunity of hearing and made the assessment order for the year under appeal, which appellant had accepted as such

3.

From the above, it is evident that the assessee has been granted requisite relief by the ld. PCIT by order u/s 263 of the I.T. Act. The assessee being satisfied with the order of the Ld. PCIT and the consequent assessment order passed by the AO, u/s 263 read with Section 147 dated 26.06.2025 has requested to withdraw this instant appeal. The Ld. DR has no objection to the request of the assessee in withdrawing the appeal.

4.

Accordingly, we grant permission to the assessee to withdraw the instant appeal as he has been granted relief by the Assessing Officer in the assessment order passed consequent to the 263 order passed by Ld. PCIT.

5.

Thus, the instant appeal is dismissed as withdrawn.

Order pronounced in the open court on 26/02/2026.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →