M/S. COASTAL TRANSPORT COMPANY,JAGATSINGHPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CUTTACK
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal as the order under section 263 had become infructuous. The appeal was accordingly dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order passed by the Principal CIT under section 263. Subsequently, a fresh order under section 143(3) read with section 263 was passed, wherein no further addition was made.
What were the issues?
Whether an appeal filed against an order under section 263, which has become infructuous due to a subsequent order, can be withdrawn by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: ARUN KHODPIA & ARUN KHODPIA & ARUN KHODPIA
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/ S/SHRI CHANDRA MOHAN GARG, JUDICIAL JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER Assessment Year : 2015-16 M/s. M/s. Coastal Coastal Transport Transport Vs. Pr.CIT, Cuttack Cuttack Company, R.No.4&5, Madhuban Company, R.No.4&5, Madhuban Market Complex, Paradeep. Market Complex, Paradeep. PAN/GIR No. No.AAECR 6277 K (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri Sandeep Kumar Jena Sandeep Kumar Jena, AR Revenue by : Shri M.K.Goutam. CIT (DR) Date of Hearing : 23 /3/ 20 / 2022 Date of Pronouncement : 23/ /3/2022 O R D E R Per C.M.Garg g, JM
This is an appeal filed by the assessee against the or This is an appeal filed by the assessee against the or This is an appeal filed by the assessee against the order u/s.263 of the Act of the t of the Ld. Pr. CIT, Cuttack dated 24.3.2020 .2020 for the assessment year 2015-16 .
Vide petition dated 2 Vide petition dated 2.3.2022, the ld A.R. of the assessee submitted .3.2022, the ld A.R. of the assessee submitted that in pursuance to order under section 263 of the I.T.Act, that in pursuance to order under section 263 of the I.T.Act, that in pursuance to order under section 263 of the I.T.Act, the order under section 143(3) r.w section 143(3) r.w. 263 of the Act has been passed on 23.9.2021 on 23.9.2021 wherein, no further addition has been made. Therefore, the appeal filed against the no further addition has been made. Therefore, the appeal filed against the no further addition has been made. Therefore, the appeal filed against the order u/s.263 of the Act has become infructuous. In view of above, ld A.R. order u/s.263 of the Act has become infructuous. In view of above, ld A.R. order u/s.263 of the Act has become infructuous. In view of above, ld A.R.
P a g e 1 | 2 submitted that since the order u/s.263 is infructuous, the appellant may be permitted to withdraw the appeal filed before the Tribunal, to which, ld CIT DR had no objection.
In view of above, we accede to the request of ld A.R. of the assessee and permit to withdraw the appeal.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced on 23 /3/2022.
Sd/- sd/- (Arun Khodpia) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 23 /03/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The Appellant : M/s. Coastal Transport Company, R.No.4&5, Madhuban Market Complex, Paradeep 2. The Respondent. Pr.CIT, Cuttack 3. The CIT(A)-, Cuttack 4. DR, ITAT, Cuttack 5. Guard file. //True Copy//
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