AJAR AMAR STEELS 1725 10G, 3-A, FOCAL POINT LUDHIANA 141010,PUNJAB vs. SH. TARUN SHARDA THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3, LUDHIANA , PUNJAB
What did the Tribunal hold?
The Income Tax Appellate Tribunal (ITAT) allowed the assessee's application to withdraw the appeal. The tribunal dismissed the appeal as withdrawn, as there was no objection from the Revenue.
What were the facts?
The assessee filed an appeal before the ITAT. During the preparation for the hearing, the assessee discovered that the PCIT had passed an order under Section 263, directing the Assessing Officer to pass a consequential order. This new information prompted the assessee to withdraw the appeal.
What were the issues?
Whether an appeal filed before the ITAT can be withdrawn by the assessee due to subsequent discovery of a PCIT's order under Section 263 that necessitates consequential action by the AO.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH
Before: SHRI A.D.JAIN & SHRI KRINWANT SAHAY
आदेश/ORDER
PER A.D.JAIN, VICE PRESIDENT
This is assessee's appeal for assessment year 2018-19 against the order dated 16.02.2024 passed by the Ld. CIT(A)-5, Ludhiana.
The assessee has filed an Application dated 06.09.2024 seeking permission to withdraw the appeal. The contents of the withdrawal application are reproduced hereunder:
“The date of hearing in the above said case has been fixed for 12.09.2024 before Bench "A" of the Tribunal.
ITA 399/CHD/2024 A.Y.2017-18 2 It is submitted that, the assessee would like to withdraw the appeal since on going through the order of the CIT(A), It transpired that the Ld. PCIT in the order u/s 263 has given directions to the Assessing Officer to pass consequential order in the light of the observation given bin the order, u/s 263, dated 30.03.2021. It is submitted that this came to the knowledge of the counsel of assessee only while preparing the appeal before the Hon'ble Bench in above ITA Number, which has been fixed for 1 2.09.2024. We, therefore, wish to withdraw the above appeal as stated above in view of the appeal being filed against the order u/s 263 vide order, dated 31.03.2021.”
The ld. DR has posed no objection to the request of the assessee.
In view of the above facts and circumstances, the appeal of the assessee is dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced on 19.09.2024.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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