SHRI AJAY CHANDRAKAR,KURUD vs. PR. COMMISSIONER OF INCOME TAX-1, RAIPUR

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ITA 27/RPR/2022Status: DisposedITAT Raipur12 December 2022AY 2016-173 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal as the assessee's claim was subsequently accepted by the AO in the consequential assessment.

What were the facts?

The assessee filed an appeal against an order passed by the Pr. CIT under section 263, which had remanded the matter to the AO for fresh adjudication. The assessee later sought to withdraw the appeal.

What were the issues?

Whether the appeal filed against a remand order under section 263 should be withdrawn when the consequential assessment has been accepted by the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI G D PADMAHSHALI

For Appellant: Shri Sunil Kumar Agarwal, CA
For Respondent: Shri Debashish Lahiri, CIT-DR
Hearing: 12.12.2022Pronounced: 12.12.2022

आदेश / ORDER

PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax, Raipur-1 ( for short ‘Pr. CIT’), dated 26.03.2021, which in turn arises from the order passed by the A.O. u/s.143(3) of the Income-tax Act, 1961 (for short ‘Act’), dated 26.11.2018 for A.Y. 2016-17.

2.

The Ld. Authorized Representative (for short ‘AR’) for the assessee at the very outset of the hearing of the appeal submitted that the assessee by filing the present appeal had assailed the order passed u/s.263 of the Act, dated 26.03.2021 by the Pr. CIT, Raipur-1 wherein the matter had been remanded to the file of the A.O for fresh adjudication. Elaborating on the reason for seeking withdrawal of the captioned appeal, it was submitted by the Ld. AR that as the assessee’s claim had thereafter been accepted by the A.O in the consequential assessment framed by him u/s. 143(3) r.w.s. 263 r.w.s.144B, dated 23.03.2022, therefore, as instructed the present appeal is sought to be withdrawn. Ld. AR had placed on record a letter dated 12.12.2022 stating the aforesaid facts.

3.

The Ld. Departmental Representative (for short ‘DR’) did not raise any objection to the seeking of withdrawal of the present appeal by the assessee appellant.

3 Ajay Chandrakar Vs. The Pr. CIT-1, Raipur

4.

Considering the aforesaid factual position, we permit to the withdrawal of the present appeal.

5.

Resultantly, the appeal filed by the assessee is dismissed as withdrawn in terms of our aforesaid observations.

Order pronounced in the open court on 12th day of December, 2022.

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