RASULPUR CO-OPEARTIVE AGRICULTURE SERVICE SOCIETY LIMITED,LUDHIANA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, LUDHIANA

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ITA 18/ASR/2021Status: DisposedITAT Amritsar12 April 2023AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as it had become infructuous. The Revenue had no objection to this request.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income Tax Act. Subsequently, the National Faceless Assessment Centre (NFAC) reframed the assessment and accepted the assessee's contentions.

What were the issues?

Whether an appeal filed against an order that has been rendered infructuous by subsequent assessment proceedings can be withdrawn.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

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

For Respondent: Smt. Rajinder Kaur, CIT- DR
Hearing: 10.04.2023Pronounced: 12.04.2023

This appeal has been filed by the assessee against the order of the Ld. Pr. Commissioner of Income Tax, Ludhiana dated 31.03.2021 in respect of Assessment Year: 2011-12.

Rasulpur Coop. Agriculture Service Society Ltd. v. Pr. CIT 2. At the outset, the ld. counsel for the assessee has submitted vide application dated 04.03.2023 that the AO NFAC, Delhi while framing the assessment in pursuance of the order passed u/s 263 has accepted the contentions of the assessee, vide assessment order dated 31.03.2023.

Therefore, he requested that the appeal of the assessee may be allowed to be withdrawn, by contending in the aforesaid as under:

“In this contention it is respectfully brought to your esteemed consideration that as the appeal was filed against order of the Ld. Pr. CIT u/s 263 setting aside the assessment which has now been reframed by the National Faceless Assessment Centre, Delhi vide their order dated 31.03.2022 as per copy of the same being enclosed for ready reference.

It is accordingly prayed that appeal as filed before the Hon’ble Tribunal becomes in fructuous. Permission may kindly be accorded to withdraw the said appeal which may kindly be acceded to.”

3.

The Ld. D.R. has no objection to the request of the assessee for withdrawal of the appeal.

4.

Accordingly, the appeal filed by the assessee is dismissed as infructuous.

Order pronounced in the open court on 12.04.2023

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