Symphony Limited, Ahmedabad V. The Pr. CIT-3, Ahmedabad

ITA 144/AHD/2022

AI Insights

Symphony Ltd. filed an appeal against the order of the Principal Commissioner of Income Tax-3, Ahmedabad, which was passed under section 263 of the Income-tax Act, 1961, for the assessment year 2017-18. This order had revised and set aside an earlier order under section 143 dated 17 December 2019. However, during the hearing, the counsel for the assessee submitted a request to withdraw the appeal, stating that the Assessing Officer had accepted the income as per the original return and made no additions to the total income in the assessment proceedings following the section 263 order. The Revenue did not object to this withdrawal, leading to the dismissal of the appeal as withdrawn.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131542 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 16-04-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 03-05-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Sy mph ony Ltd. , Ah medabad PAN: AACCS67 39B (Appellant) Vs Principal Co mmis sioner of Inco me Tax (P CIT)- 3, Ahmedabad (Resp ondent) Asses see b y : Shri Vish al Dedhia, A.R. Revenue by : Shri S udhendu Das, CIT-D. R. Date of hearing : 17-04 -2023 Date of pronouncement : 17-04 -2023 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against the order of ld. Principal Commissioner of Income Tax-9, Ahmedabad, in proceeding u/s. 263 vide order dated 11/03/2022 passed for the assessment year 2017-18. 2. At the time of hearing, ld. counsel for the assessee has requested to withdraw the appeal filed vide letter dated 14 th April, 2023. The content of the said application is reproduced below:- ITA No. 144/Ahd/2022 Assessment Year 2017-18 I.T.A No. 144/Ahd/2022 A.Y. 2017-18 Page No. Symphony Ltd. vs. Pr. CIT 2 “The captioned appeal was preferred by the Appellant against the order under section 263 dated 11 March 2022 of the Learned Principal Commissioner of Income-tax, Ahmedabad - 3 ("PCIT") which erred in revising and setting aside the order passed under section 143 of the Income-tax Act, 1961 ('the Act') dated 17 December 2019. In this connection, we submit that the Appellant wishes to withdraw the said appeal considering that the Assessing Officer has accepted the Income as per the Original Return of Income filed by the Appellant and has made no additions to the total income of the Appellant in the assessment proceedings conducted pursuant to the order under section 263 of the Act. The copy of order is enclosed herewith marked as Annexure A.” 3. The Revenue is fair enough in not objecting assessee’s withdrawal application. In view of the above, we therefore accept assessee’s request for withdrawing the appeal filed. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 17-04-2023 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 17/04/2023 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद