SINGHANIA BUILDCON PVT. LTD.,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BHOPAL, BHOPAL

PDF · subscribers
ITA 83/RPR/2022Status: DisposedITAT Raipur20 April 2023AY 2017-18Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee requested to withdraw the appeal, and the Departmental Representative did not object. The Tribunal permitted the withdrawal of the appeal.

What were the facts?

The assessee filed an appeal against an order passed by the Pr. Commissioner of Income Tax under section 263 of the Income-tax Act. This order had remanded the matter back to the Assessing Officer for fresh adjudication.

What were the issues?

Whether the assessee should be allowed to withdraw their appeal against a revisionary order passed by the Pr. CIT.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI ARUN KHODPIA

For Appellant: Shri Veekaas S. Sharma, CA
For Respondent: Shri Piyush Tripathi, Sr. DR
Hearing: 20.04.2023Pronounced: 20.04.2023

आदेश / ORDER

PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax (Central), Bhopal (for short ‘Pr. CIT’) u/s.263 of the Income-tax Act, 1961 (for short ‘Act’) dated 11.03.2022, which in turn arises from the order passed by the A.O. u/s.143(3) of the Act, dated 29.12.2019 for A.Y. 2017-18.

2.

The Ld. Authorized Representative (for short ‘AR’) for the assessee at the very outset of the hearing of the appeal submitted that the assessee by filing the present appeal had assailed the order passed by the Pr. CIT, Bhopal u/s.263 of the Act, dated 11.03.2022, wherein the matter had been remanded to the file of the A.O for fresh adjudication. Elaborating on the reason for seeking withdrawal of the captioned appeal, the Ld. AR had taken us through a letter filed by the assessee company dated 19.04.2023 which reads as under:

“It is respectfully submitted that we had filed an appeal against the order u/s 263 on 06.05.2022 and the same is pending before the Hon'ble Bench, the assessee wishes to withdraw the aforesaid appeal and no longer wishes to agitate, hence, the assessee may kindly be allowed to withdraw the aforesaid appeal. Copy of Form 36 is enclosed herewith as Annexure "A".”

The Ld. AR submitted that the assessee seeks liberty to withdraw the present appeal.

3 Singhania Buildcon Private Limited Vs. Pr. CIT (Central), Bhopal

3.

The Ld. Departmental Representative (for short ‘DR’) did not raise any objection to the seeking of withdrawal of the present appeal by the assessee appellant.

4.

Considering the aforesaid factual position, we permit the withdrawal of the present appeal.

5.

Resultantly, the appeal filed by the assessee is dismissed as withdrawn in terms of our aforesaid observations.

Order pronounced in open court on 20th day of April, 2023.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →