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Before: Shri S.S Viswanethra Ravi,
Date of Pronouncement: 02-05-2016 ORDER SHRI S.S VISWANETHRA RAVI, JM
The appeal of the assessee is arising out of the order of the Learned CIT- Central-I, Kolkata in M.No. CIT(C-I)/263 Rajesh Kr. Sonthalia/Tech/12-13/Kol/9668- 70 Dated 30-03-2013 for the assessment years 2008-09 against the order of assessment framed by the ld.AO u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’).
At the time of hearing before us the ld.AR for the assessee by way of his submission vide dated 30th April, 2016 seeks to withdraw the impugned appeal filed by the assessee. Relevant portion of his submission dated 30th April 2016 reads as under:- “In this case, order under section 263 of the I.T Act 1961 was passed by the Commissioner of Income Tax on 30-03-2013. Subsequent to the passing of the said order, the Assessing Officer has passed an order under section 153A/143(3) of the income tax Act, 1961, which is enclosed herewith and no addition has been resorted to in the said order and the income in the original assessment has only been repeated. Apart from that 1 Mr. Rajesh Kumar Sonthalia
no other order has been passed in this case and set aside proceeding is time barred. Under the circumstances, the impugned appeal filed by the appellant has become infructuous and the appellant seeks to withdraw the impugned appeal, which may kindly be permitted.”
However, the ld.Sr.DR appearing on behalf of the revenue has not objected to the above submissions of the ld.AR in withdrawing the impugned appeal filed by the assessee.
In view of the above, we permit to withdraw the impugned appeal of the assessee.
In the result, the appeal of the assessee is dismissed being withdrawn. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 02/05/2016