RAKESH KUMAR AGARWAL PROPRIETOR, PILIBHIT V. PRINCIPLE COMMISSIONER OF INCOME TAX, BAREILLY

ITA 120/LKW/2022

AI Insights

The case involves an appeal by Rakesh Kumar Agarwal against an order from the Ld. Principal Commissioner of Income Tax, Bareilly, dated 23.03.2022. The appeal was related to the assessment year 2017-18 and was initially filed under section 263 of the Income Tax Act. However, the assessee later filed an application to withdraw the appeal, citing a favorable subsequent order from the Assessing Officer, which addressed all issues raised in the earlier order. The withdrawal was unopposed by the Learned Departmental Representative, leading to the dismissal of the appeal as withdrawn.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123003 (ITAT-LUCKNOW)
• Duration Of Justice: 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-05-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 22-05-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.120/Lkw/2022 Assessment Year: 2017-18 Rakesh Kumar Agarwal, 4, Assam Road, Madhuban Compound, Pilibhit, Pilibhit, (U.P.) 262001 PAN: AEAPK 0934R Vs. PCIT, Bareilly (Appellant) (Respondent) O R D E R PER SUDHANSHU SRIVASTAVA, J.M.: This appeal is preferred by the assessee against the order dated 23.03.2022 passed by the Ld. Pr. Commissioner of Income Tax, Bareily. 2. The ld. Counsel for the assessee sought the permission of the Bench to withdraw the appeal by moving application dated 15.05.2023, stating as under: “With due respect it is prayed that we have filed appeal against the Order passed by Ld. Principal Commissioner of Income Tax, Bareilly u/s 263 of 1. T. Act vide order dated 23.03.2022. It is prayed that Ld. A.O., Assessment Unit, Income Tax Department have passed order u/s 143(3) read with section 263 of I. T. Act vide order dated 26.03.2023. Copy of the same is enclosed as per Annexure-A along with this application. The Ld. A.O. Assessment Unit, had decided all the issues raised in Order u/s 263 of L. T. Act in favour of Assessee and assessed Appellant by Shri Shubham Rastogi, CA Respondent by Shri S.H. Usmani, CIT (DR) Date of hearing 15/05/2023 Date of pronouncement 15/05/2023 I.T.A. No.120/Lkw/2022 2 at Income which was originally assessed u/s 143(3) of I. T. Act vide order dated 18.11.2019.” 3. Learned D.R. has no objection. Accordingly, we permit the assessee to withdraw the present appeal. 4. In the result, appeal filed by the assessee is dismissed as withdrawn. (Order pronounced in the open court on 15/05/2023) Sd/- Sd/- ( ANADEE NATH MISSHRA ) (SUDHANSHU SRIVASTAVA) Accountant Member Judicial Member Dated: 15/05/2023 Aks Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(E) 5. D.R., I.T.A.T., Lucknow By Order Asstt. Registrar