SAURASHTRA CEMENT LTD.,,PORBANDAR vs. THE PR.CIT, JAMNAGAR

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ITA 146/RJT/2021Status: HeardITAT Rajkot17 May 2023AY 2016-17Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the Assessing Officer made no additions, rendering the appeal infructuous. The assessee requested to withdraw the appeal, and the revenue had no objection.

What were the facts?

The assessee filed an appeal against a revision order. During the assessment proceedings giving effect to the revision, the Assessing Officer made no additions on the issue that was the subject of the revision.

What were the issues?

Whether the appeal filed by the assessee has become infructuous due to subsequent assessment proceedings.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar

Saurashtra Cement Ltd. The Pr. CIT Near Railway Station, Jamnagar, Jamnagar P.O. Ranavav, Vs Adityana Road, (Respondent) Porbandar-360560 PAN:AAHFS5211J (Appellant) Assessee Represented: Shri Vimal Desai, A.R. Revenue Represented: Shri Shramdeep Sinha, CIT-DR Date of hearing : 15-05-2023 Date of pronouncement : 17-05-2023 आदेश/ORDER PER : ANNAPURNA GUPTA, ACCOUNTANT MEMBER:-

This appeal is filed by the Assessee as against the Revision order dated 21.10.2021 passed by the Principal Commissioner of Income Tax, Jamnagar National Faceless Appeal Centre, Delhi, (in short referred to as “NFAC”), arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2016-17.

Page No 2 Saurashtra Cement Ltd. vs. Pr. CIT

2.

At the outset, the Ld. Counsel Shri Vimal Desai appearing for the assessee submitted that while giving effect to the Revision order by the A.O. u/s. 143(3) r.w.s. 263 vide order dated 15.03.2023, made no addition in respect of the issue involved in Revision order passed u/s. 263 of the Act. Thus the present appeal filed by the assessee becomes infructuous and academic in nature. Therefore requested to withdraw the present appeal.

3.

The Ld. CIT-DR Shri Shramdeep Sinha has no objection for withdrawal of the above appeal.

4.

Recording the same, the above appeal filed by the Assessee is hereby dismissed as withdrawn.

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