M/S KULKARNI & SAHU BUILDCON PVT.LTD.,BHILAI vs. THE DY. COMMISSIONER OF INCOME TAX 1(1), BHILAI

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ITA 110/RPR/2018Status: DisposedITAT Raipur26 April 2022AY 2014-155 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal. The assessee withdrew the appeal as no adverse inferences were drawn in the subsequent assessment order.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under Section 263. The assessee subsequently sought to withdraw the appeal.

What were the issues?

Whether the assessee's appeal should be dismissed as withdrawn. The assessee sought withdrawal due to no adverse findings in the subsequent assessment.

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, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI JAMLAPPA D BATTULL

For Appellant: Shri R. B. Doshi, AR
For Respondent: Shri P.K Mishra, DR
Hearing: 26.04.2022Pronounced: 26.04.2022

आदेश/ ORDER

PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the Principal Commissioner of Income Tax- 2, Raipur (for short ‘Pr. CIT’) under Section 263 of the Income-tax Act, 1961 (for short ‘the Act’), dated 27.03.2018, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Act, dated 01.03.2016 for assessment year 2014-2015.

2.

At the very outset of hearing of the appeal, it was submitted by the Ld. Authorized Representative (for short ‘AR’) for the assessee that the assessee seeks to withdraw the present appeal. Elaborating on the reasons for seeking of withdrawal of appeal, it was submitted by the Ld. AR that pursuant to the order passed by the Pr. CIT u/s.263 of the Act the Assessing Officer had passed an order u/s. 143(3) r.w.s. 263, dated 09.12.2018 wherein no addition/adverse inference had been drawn by him qua the issues on the basis of which the assessment order was set-aside to his file by the Pr. CIT. Backed by the aforesaid

3 Kulkarni & Sahu Buildcon Pvt. Ltd. facts, it was submitted by the Ld. AR that now when no adverse inferences had been drawn in the case of the assessee, therefore, the latter seeks to withdraw the present appeal.

3.

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

4.

After considering the aforesaid request of the ld. A.R we herein permit the withdrawal of the present appeal.

5.

In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in open court on 26th day of April 2022.

Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 26th April, 2022 SB

4 Kulkarni & Sahu Buildcon Pvt. Ltd.

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