M/S BALAJI ELECTROSTEELS LTD,PATNA vs. C.I.T.-CENTRAL, PATNA

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ITA 116/PAT/2018Status: HeardITAT Patna12 December 2022AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as the matter had become infructuous. The addition made in the assessment order had been deleted by the CIT(A).

What were the facts?

The assessee filed an appeal against a revision order passed by the CIT under Section 263 of the Income-tax Act. The assessee subsequently wished to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the matter becoming infructuous after the CIT(A) allowed the appeal.

Which sections of the Income-tax Act were involved?

Section 263,Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH

Before: SHRI SONJOY SARMA & SHRI GIRISH AGRAWAL

For Appellant: Shri Subham Khandelia, CA
For Respondent: Smt. Rinku Singh, Addl. CIT, DR
Hearing: 12.12.2022Pronounced: 12.12.2022

O R D E R

PER SONJOY SARMA, JM:

1.

This appeal filed by the assessee is against the revision order of Ld. CIT(Central), Patna vide Memo No. PCIT(C)/Pat/263/2017-18/6525-27 dated 27.03.2018 u/s, 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) passed against the assessment order by the DCIT, Central Circle-2, Patna u/s. 153A/143(3) of the Act dated 31.03.2016.

Balaji Electrosteels Ltd., AY: 2011-12.

2.

At the outset, the learned counsel for the assessee submitted vide application dated 05.12.2022 that the assessee wishes to withdraw the appeal as the matter stands infructuous since addition made in effect giving order passed u/s. 143(3) r.w.s. 263 of the Act has been deleted by the Ld. CIT(A) and appeal has been fully allowed. Since the learned DR does not oppose the plea of assessee to withdraw its appeal, we allow the assessee to withdraw the appeal and therefore, the appeal is dismissed as withdrawn.

Order pronounced in the open Court.

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