SHRI CHETAN HARIBHAI BHALODIYA,RAJKOT-GUJARAT vs. THE PR. COMMR. OF INCOME TAX (CENTRAL), RAJKOT-GUJARAT

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ITA 46/RJT/2016Status: DisposedITAT Rajkot28 September 2022AY 2007-082 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee's counsel filed an application seeking withdrawal of the appeals. The reason for withdrawal was that a consequent order for assessment had been passed and was pending before the CIT(A).

What were the facts?

The assessee filed two appeals against an order passed by the Principal Commissioner of Income-Tax under section 263 of the Income Tax Act, 1961. The appeals pertained to assessment years 2006-07 and 2007-08.

What were the issues?

Whether the assessee can withdraw appeals filed against an order under section 263 when a consequent assessment order is pending.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SMT.ANNAPURNA GUPTA & SMT.SUCHITRA KAMBLE

For Appellant: Shri Chetan Agarwal, AR
Hearing: 26/09/2022Pronounced: 28/09/2022

अपीलाथ�/ (Appellant) �� यथ�/(Respondent) Assessee by : Shri Chetan Agarwal, AR Revenue by : Shri Shramdeep Sinha, Ld.CIT(DR) सुनवाई क� तार�ख/Date of Hearing : 26/09/2022 घोषणा क� तार�ख /Date of Pronouncement: 28/09/2022 आदेश/O R D E R PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER Present two appeals have been filed by the assessee against order passed by the ld. Pr.Commissioner of Income-Tax(Appeals), Ahmedabad [hereinafter referred to as “Ld.Pr.CIT by invoking provisions of section 263 of the Income Tax Act, 1961 ("the Act" for short) dated 3.11.2015 pertaining to the Asst.Year 2006-07 & 2007- 08.

2.

At the outset, the ld.counsel for the assessee has filed an application, seeking withdrawal of the appeals. The contents of the application read are as under: “With reference to the above, we kindly request your honours to grant us leave to withdraw present appeals filed against order u/s.263 of the Act, since consequent order for assessment is passed and pending before the CIT(A).

Inconvenience caused to your honours is deeply regretted. Sd/- Chetan H. Agarwal

3.

In view of the above written request of the assessee seeking withdrawal of both the appeals, appeals of the assessee being and 46/RJT/2016 stand dismissed as withdrawn.

Order pronounced in the Court on 28th September, 2022 at Ahmedabad.

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