M/s Balaji Electrosteels Ltd, Patna V. C.I.T.-Central, Patna

ITA 116/PAT/2018

AI Insights

The case involved M/s. Balaji Electrosteels Pvt. Ltd., the appellant, contesting a revision order passed by the Commissioner of Income Tax (Central), Patna, under section 263 of the Income-tax Act, 1961. This revision was against an assessment order by the DCIT, Central Circle-2, Patna. The primary contention in the appeal was related to the additions made in the assessment order, which were later contested and led to this appeal. However, before the tribunal could deliberate on the substantive issues, the assessee opted to withdraw the appeal, citing that the additions had been removed by the Ld. CIT(A), rendering the appeal infructuous.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 112602 (ITAT-PATNA)
• Duration Of Justice: 4 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-12-2022
• Assessment Year: 2011-2012
• Appeal Filed On: 13-05-2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

1 ITA No.116/Pat/2018 Balaji Electrosteels Ltd., AY: 2011-12. IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH VIRTUAL HEARING AT KOLKATA BEFORE SHRI SONJOY SARMA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.116/Pat/2018 Assessment Year: 2011-12 M/s. Balaji Electrosteels Pvt. Ltd. C/o, Nirmal & Associates, Chartered Accountants, Nepali Kothi, Opp. Gasoline Petrol Pump, Boring Road, Patna-800001. (PAN: AAACB9173E) Vs. Commissioner of Income Tax (Central), Patna. (Appellant) (Respondent) Present for: Appellant by : Shri Subham Khandelia, CA Respondent by : Smt. Rinku Singh, Addl. CIT, DR Date of Hearing : 12.12.2022 Date of Pronouncement : 12.12.2022 O R D E R PER SONJOY SARMA, JM: This appeal filed by the assessee is against the revision order of Ld. CIT(Central), Patna vide Memo No. PCIT(C)/Pat/263/2017-18/6525-27 dated 27.03.2018 u/s, 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) passed against the assessment order by the DCIT, Central Circle-2, Patna u/s. 153A/143(3) of the Act dated 31.03.2016. 2 ITA No.116/Pat/2018 Balaji Electrosteels Ltd., AY: 2011-12. 2. At the outset, the learned counsel for the assessee submitted vide application dated 05.12.2022 that the assessee wishes to withdraw the appeal as the matter stands infructuous since addition made in effect giving order passed u/s. 143(3) r.w.s. 263 of the Act has been deleted by the Ld. CIT(A) and appeal has been fully allowed. Since the learned DR does not oppose the plea of assessee to withdraw its appeal, we allow the assessee to withdraw the appeal and therefore, the appeal is dismissed as withdrawn. Order pronounced in the open Court. Sd/- Sd/- (Girish Agrawal) (Sonjoy Sarma) Accountant Member Judicial Member Dated: 12 th December, 2022 JD, Sr. P.S. Copy to: 1. The Appellant: 2. The Respondent:. 3. DCIT, Central Circle-2, Patna 4. DR, ITAT, Patna Bench, Patna //True Copy// By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata