MAHENDRA KUMAR LODHA,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax, Raipur-1 (for short ‘Pr. CIT’), dated 14.02.2022, which in turn arises from the order passed by the A.O. u/s.143(3) of the Income-tax Act, 1961 (for short ‘Act’), dated 29.11.2019 for A.Y. 2017-18.

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 u/s.263 of the Act, dated 14.02.2022 by the Pr. CIT, Raipur-1 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, it was submitted by the Ld. AR that as the assessee’s claim had thereafter been accepted by the A.O in the consequential assessment framed by him u/s.143(3) r.w.s. 263 r.w.s.144B, dated 24.02.2023, therefore, as instructed the present appeal is sought to be withdrawn. Ld. AR has placed on record a letter dated 10.04.2023 stating the aforesaid facts.

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.

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

Resultantly, the appeal filed by the assessee is dismissed as withdrawn in terms of our aforesaid observations.