SHRI MUKESH M. SHETH,RAJKOT. vs. THE PR. CIT, CENTRAL CIRCLE, AHEMEDABAD, AHEMEDABAD

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ITA 144/RJT/2021Status: DisposedITAT Rajkot04 February 2022AY 2018-192 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal as the subsequent order resolved the grievance. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the Principal Commissioner of Income Tax. Subsequently, the Assessing Officer passed a consequential order accepting the assessee's returned income.

What were the issues?

Whether the appeal is maintainable when a subsequent order has accepted the returned income, rendering the original grievance moot.

Which sections of the Income-tax Act were involved?

Section 143(3),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 James Kurian, CIT D.R

ORDER PER MAHAVIR PRASAD, JM:

The captioned appeal has been filed at the instance of the assessee against the order of the Principal Commissioner of Income Tax (Central), Ahmedabad (‘PCIT’ in short), dated 25.03.2021 arising in the assessment order dated 22.06.2020 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY. 2018-19.

M. Sheth vs. PCIT] AY 2018-19 - 2 - 2. At the time of hearing, learned counsel for the assessee Devina Patel stated that the consequential order u/s. 143(3) r.w.s. 263 of the Act dated 07.01.2022 has been passed by the A.O., wherein the returned income of the assessee has been accepted. Since, the assessee is no longer aggrieved by the order u/s. 263 of the Act dated 25.03.2021, thus he seeks permission to withdraw the captioned appeal. Learned 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In the result, the appeal of the assessee is dismissed as withdrawn.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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