SHRI JAYANTILAL NATHALAL FALIA,JAMNAGAR vs. THE PR. CIT, JAMNAGAR, JAMNAGAR

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ITA 11/RJT/2021Status: DisposedITAT Rajkot08 July 2022AY 2017-183 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal accepted the assessee's request to withdraw the appeal as the underlying issue was resolved by the Assessing Officer's subsequent order.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under section 263. Subsequently, the Assessing Officer passed a 'nil' order accepting the assessee's contention, making the assessee no longer aggrieved.

What were the issues?

Whether the appeal is maintainable when the assessee is no longer aggrieved due to subsequent actions by the Assessing Officer.

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: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Chetan Agarwal, A.R
For Respondent: Shri Aarsi Prasad, CIT-D.R

आदेश/ORDER

PER BENCH:- This assessee’s appeal for A.Y. 20127-18, arises from order of Ld. Principal Commissioner of Income Tax (PCIT), Jamnagar dated 18-02- 2021, in proceedings under section 263 of the Income Tax Act, 1961; in short “the Act”.

Page No 2 Shri Jayantilal Nathalal Falia vs. Pr. CIT

2.

The assessee has filed letter dated 07-07-2022 stating that the present appeal has been filed against the order passed by PCIT, Jamnagar u/s. 263 of the Act. In the order passed by ld. Assessing Officer, NFAC, New Delhi, pursuant to directions of the Ld. PCIT in the 263 order, ld. Assessing Officer has passed ‘nil’ order accepting the contention of the assessee. In view of this, since the assessee is no more aggrieved with the order passed by ld. CIT u/s. 263 of the Act, he is requesting to withdraw the present appeal. The Revenue is fair enough in not objecting to the same. We therefore accept assessee’s request for withdrawing the appeal filed.

3.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 08-07-2022

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