SMT. BHANUBEN RATILALBHAI MORBIA, KUTCH,KUTCH vs. THE PR. CIT-1, RAJKOT, RAJKOT

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ITA 61/RJT/2022Status: DisposedITAT Rajkot02 August 2023AY 2017-18Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee sought to withdraw the appeal as the Assessing Officer had accepted the returned income. The Tribunal denied the Revenue's request for adjournment and dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against a revision order passed by the Principal Commissioner of Income Tax. The Assessing Officer, while giving effect to the revision order, accepted the assessee's explanation for cash deposits and the returned income.

What were the issues?

Whether the revision order was justified and if the assessee's appeal against it was still maintainable after the AO's subsequent order.

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, RAJKOT

Before: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

Smt. Bhanuben The Principal Ratilalbhai Morbia, Commissioner of Kalpesh S. Doshi & Co., Vs Income Tax, Rajkot-1, Chartered Accountants Rajkot 1006-09, The Spire 2, Near Sheetal Park BRTS (Respondent) Stop, 150ft Ring Road, Rajkot-360005 PAN No: AITPM3079N (Appellant) Assessee Represented: Shri Kalpesh Doshi, A.R. Revenue Represented: Adjournment Application Date of hearing : 31-07-2023 Date of pronouncement : 02-08-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-

This appeal is filed by the Assessee as against the Revision order dated 02-02-2022 passed by the Principal Commissioner of Income Tax, Rajkot-1 under section 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) revising the assessment order passed under section 143(3) of the Act relating to the Assessment Year (A.Y) 2017-18.

Page No 2 Smt. Bhanuben Ratilalbhai Morbia Vs. Pr.CIT

2.

At the outset, Ld. Counsel Shri Kalpesh Doshi appearing for the assessee submitted that while giving effect to the Revision order dated 06-03-2023, the A.O. has accepted the explanation of cash deposits and thereby accepted the Returned Income filed by the assessee. Therefore the assessee is not pressing this appeal filed against the Revision order and sought permission to withdraw this appeal.

3.

Per contra, the Revenue sought for adjournment on account of new appointment of Sr.D.R., however the request for adjournment is hereby denied, since the assessee seeks to withdraw the above appeal and also placed on record the giving effect assessment order dated 06-03-2023. After perusing the same, the appeal filed by the assessee is hereby dismissed as withdrawn.

4.

In the result, the appeal is dismissed as withdrawn.

Order pronounced in the open court on 02 -08-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 02/08/2023 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, राजकोट

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