RAMNIKLAL GORDHANDAS KOTECHA,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CIRCLE-2,, RAJKOT

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ITA 422/RJT/2018Status: HeardITAT Rajkot22 November 2023AY 2010-11Bench: WASEEM AHMED (Accountant Member), SHRI T.R.SENTHIL KUMAR (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the section 263 proceedings were quashed by a co-ordinate bench. Consequently, the assessment order had no basis, and the assessee sought to withdraw the appeal.

What were the facts?

The assessee filed an appeal against an order passed under section 263 read with section 143(3) of the Income Tax Act. The assessee later submitted that a co-ordinate bench had quashed the section 263 proceedings.

What were the issues?

The primary issue was the validity of the assessment order in light of the quashing of the section 263 proceedings by a higher tribunal.

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, RAJKOT BENCH, AHMEDABAD

Before: WASEEM AHMED & SHRI T.R.SENTHIL KUMAR

For Respondent: Shri Sanjeev Ranjan, Sr.DR
Hearing: 21/11/2023

आदेश / O R D E R

PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER:

1.

This appeal is filed by the Assessee as against the appellate order dated 19/09/2014 passed by the Commissioner of Income tax (Appeals)-III, Rajkot [hereinafter referred to as CIT(A)], arising out of order passed u/s.263 r.w.s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") relating to the Assessment Year (AY) 2010-11.

Ramniklal G. Kotecha vs. ITO Asst.Year - 2010-11 - 2 -

2.

At the outset, the assessee filed a letter stating that the 263 proceedings was quashed by this Co-ordinate Bench of this Tribunal vide order dated 01/06/2022 in ITA No.49/Rjt/2014. Thus, the present assessment order has no legs to stand and, therefore, sought permission to withdraw the above appeal filed by the assessee.

3.

Though the Registry has noted substantial delay in filing the above appeal, without going into the same, the present appeal filed by the assessee is hereby dismissed as withdrawn.

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