M/S. RELIANCE EMINENT TRADING & COMMERCIAL PVT. LTD.,JAMNAGAR vs. THE PR. COMMISSIONER OF INCOME TAX, JAMNAGAR

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ITA 386/RJT/2018Status: HeardITAT Rajkot04 February 2022AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the consequential order accepted the assessee's returned income. Therefore, the appeal filed against the revision order was no longer relevant.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. During the hearing, the assessee stated that a consequential order had been passed accepting the returned income, rendering the appeal infructuous.

What were the issues?

Whether an appeal filed against a revision order is still maintainable when a subsequent consequential order has accepted the assessee's returned income.

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 MAHAVIR PRASAD, JUDICIAL MEMEBR & SHRI WASEEM AHMED, ACCOUNTANT MEMEBR

For Appellant: Shri Nimesh Vora, A.R, Shri James Kurian, CIT D.R

The captioned appeal has been filed at the instance of the assessee against the order of the Principal Commissioner of Income Tax, Jamnagar (‘PCIT’ in short) vide Appeal No. PCIT.J/HQ/263/RETCPL/2018-19, dated 14.08.2018 arising in the assessment order dated 16.12.2016 passed by the Assessing Officer (AO) under s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act) concerning AY. 2009-10.

[M/s. Reliance Eminent Trading & Commercial Pvt. Ltd.. vs. PCIT] AY 2009-10 - 2 - 2. At the time of hearing, learned counsel for the assessee Shri Nimesh Vora stated that the consequential order pursuant to the impugned revision order u/s. 263 of the Act, has been passed on 30.09.2021 by the Assistant Commissioner of Income Tax, Mumbai 4(3)(1), wherein the returned income of the assessee was accepted as assessed. Accordingly, the captioned appeal, as being filed against the order u/s. 263, has become infructuous. Thus, assessee seeks permission to withdraw the captioned appeal. Ld. Departmental Representative for the Revenue did not express any objection in this regard. Accordingly, the prayer of the assessee for withdrawal is granted.

3.

In the result, the appeal of the assessee is dismissed as withdrawn.

This Order pronounced in Open Court on 04/02/2022

Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 04/02/2022 True Copy S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

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