M/S BACKBONE CONSTRUCTION P. LTD.,,RAJKOT-GUJARAT vs. THE PRE. COMMR. OF INCOME TAX-1, RAJKOT, RAJKOT-GUJARAT

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ITA 8/RJT/2021Status: HeardITAT Rajkot21 April 2023AY 2015-16Bench: SHRI WASEEM AHMED (Accountant Member), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee informed the tribunal that they were no longer aggrieved by the original order and wished to withdraw the appeal. The tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the Principal Commissioner of Income Tax. Subsequently, consequential orders were passed by the Assessing Officer and CIT(Appeals).

What were the issues?

Whether the assessee's withdrawal of the appeal, due to subsequent orders, should be accepted.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI WASEEM AHMED & SHRI SIDDHARTHA NAUTIYAL

For Respondent: Shri B. D. Gupta, Sr. D.R
Hearing: 20/04/2023Pronounced: 21/04/2023

आदेश / O R D E R

PER WASEEM AHMED, ACCOUNTANT MEMBER:

1.

The captioned appeal has been filed at the instance of Assessee against the order of the Learned Principal Commissioner of Income Tax, Rajkot [Ld. PCIT) in short] of order dated 22/12/2020 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") relevant to the Assessment Year (A.Y.) 2015-16.

2.

The assessee filed a written submission with the following observation: “The above referred matter is fixed for hearing before your honor on 20-04-2023. However, we have to submit that consequential orders u/s 143(3) r.w.s. 263 dated 10-03- 2022 and u/s 250 dated 08-06-2022 have been passed by the A.O. and the CIT(Appeals)

ITA No.08/RJT/2021 A.Y.2015-16 - 2 - respectively and we are no longer aggrieved by the order u/s 263 of the Act dated 22-12- 2020, we would like to withdraw our aforesaid appeal filed against the same.”

3.

Thus, in view of the above submission made by the assessee, expressing its willingness in not proceeding with this appeal, and no objection from the Ld. D.R. at the time of hearing of the matter, the appeal preferred by the assessee is dismissed as withdrawn.

4.

In the result, the appeal preferred by the assessee is dismissed as withdrawn.

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