SMT RANI DEVI,BATHINDA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, AMRITSAR

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ITA 70/ASR/2022Status: DisposedITAT Amritsar18 May 2023AY 2017-182 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee requested to withdraw the appeal as the reassessment order was in their favour, making the appeal a revenue-neutral exercise. The Tribunal allowed the withdrawal of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263. During the pendency of the appeal, the PCIT directed a fresh assessment, and the Assessing Officer passed an order in favour of the assessee in the reassessment proceedings.

What were the issues?

Whether the appeal filed by the assessee against a PCIT order under Section 263 is maintainable when a subsequent reassessment order has been passed in favour of the assessee.

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, AMRITSAR BENCH, AMRITSAR

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

Hearing: 17.05.2023Pronounced: 18.05.2023

This appeal has been filed by the assessee against the order of the Ld. Pr. Commissioner of Income Tax-1, Amritsar dated 04.03.2022 in respect of AY 2017-18.

Rani Devi v. Pr. CIT 2. The Ld. Counsel for the assessee has filed an application dated 15.05.2023, requesting to withdraw the appeal, contending as under:

“It is very humbly submitted that the above said appeal was filed by the assessee against the order of Ld. PCIT u/s 263 before the Hon’ble Bench and in the meanwhile, the Ld. PCIT has also given direction to the Assessing Officer concerned to make the assessment afresh and the Ld. Assessing Officer in reassessment proceedings, has passed the order u/s 143(3)/263 in favour of assessee. Copy of the order of Assessing Officer u/s 143(3)/263 is being enclosed herewith. It is, therefore, very humbly requested that the above appeal may, please, be permitted to be withdrawn since it is revenue neutral exercise.”

3.

The Ld. D.R. has no objection.

4.

Accordingly, the Ld. Counsel is allowed to withdraw the appeal.

5.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 18.05.2023

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