SHRI KISHOR GOPICHAND RAI,NAGPUR vs. PRINCIPAL C.I.T. -III, NAGPUR

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ITA 174/NAG/2017Status: DisposedITAT Nagpur01 June 2022AY 2012-133 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee stated that the fresh assessment order was acceptable and requested to withdraw the present appeal. The revenue did not object to this request.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act for AY 2012-13. Subsequently, the Assessing Officer passed a fresh assessment order under section 143(3) r.w.s. 263.

What were the issues?

Whether the assessee's appeal against the Section 263 order should be dismissed as withdrawn due to the subsequent acceptance of a fresh assessment order.

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, NAGPUR BENCH, NAGPUR

Before: SHRI VIKRAM SINGH YADAV & SHRI YOGESH KUMAR U.S

For Respondent: Shri Rajeev Benjwal, CIT

Date of Hearing – 06.06.2022 Date of Order – 06.06.2022

O R D E R PER SHRI VIKRAM SINGH YADAV, A.M.

This is an appeal filed by the assessee is directed against order of the Learned Principal Commissioner of Income Tax-3, Nagpur, dated 23.03.2017 passed under section. 263 of the Act relevant for A.Y. 2012– 13.

2.

The assessee vide his letter dated 24.05.2022 has submitted that the Assessing Officer has since passed an assessment order under section 143(3) r.w.s. 263 of the Act, dated 30.12.2017, which is acceptable to him and in light of the same he may be allowed to withdrawal the present appeal.

3.

The ld. DR is heard, who has not raised any objection in accepting the said prayer of withdrawal of the present appeal.

4.

After hearing both the parties and considering the submission filed by the assessee Shri Kishore G. Rai, wherein he has stated that Assessing Officer has since passed an order under section. 143(3) r.w.s. 263 of the Act, dated 30.12.2017 and which is acceptable to him, the present appeal filed by him against the order under section. 263 of the Act is dismissed as withdrawn.

Order pronounced in the open Court on 06 .06.2022

Sd/– Sd/– YOGESH KUMAR U.S VIKRAM SINGH YADAV JUDICIAL MEMBER ACCOUNTANT MEMBER

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