Raipur-Rajnandgaon-Warora Trasmission Ltd, Ahmedabad V. The Pr. CIT-3, Ahmedabad

ITA 178/AHD/2022

AI Insights

This case involves an appeal by Raipur-Rajnandgaon-Warora Transmission Ltd. against the order of the Principal Commissioner of Income Tax-3, Ahmedabad, under section 263 of the Income Tax Act, 1961, for the assessment year 2017-18. The appeal was initially filed challenging the order dated 22/03/2022. However, subsequent to the appeal, a consequential order was passed under section 143(3) read with section 263, which did not make any additions to the income assessed in the original assessment. The assessee, finding no grounds for the appeal post the consequential order, requested to withdraw the appeal, which was accepted by the tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131501 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 01-05-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 16-05-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri Annapurna Gupta, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Ra i pu r- R a j n an dg a o n - Wa r or a Tra ns mi s s io n Lt d . A d an i Co r p or a te H ou s e , Sh a nt ig r a m, N r . Va i sh no d e v i C ir c le , S. G . Hi g h w a y, K h o di ya r Ah me da b ad -3 82 4 2 1 PA N : A A H C R 1 7 2 0 Q (A p p e ll a n t) V s PC I T - 3, A h me da ba d ( R e s p on de nt ) As s e s s e e b y : Sh ri B i re n Sh a h , A . R. R ev en u e by : Sh r i Pr a t hv i R a j Mee n a, C I T - D . R. D at e of he ar in g : 02- 05 - 2 02 3 D at e of pr o n ou nc e me nt : 11 - 0 5 - 2 02 3 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against the order of the ld. Principal Commissioner of Income Tax-3, Ahmedabad, in proceeding u/s. 263 vide order dated 22/03/2022 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 28 th April, 2023. The content of the said application is reproduced below:- ITA No. 178 /Ahd/2022 Assessment Year 2017-18 I.T.A No. 178/Ahd/2022 A.Y. 2017-18 Page No. Raipur-Rajnandgaon-Warora Transmission Ltd. vs. Pr. CIT 2 “Above referred hearing is fixed on 02-05-2023. However, in consequential order has been passed u/s 143(3) r.w.s. 263, no addition has been made and income is assessed in original assessment u/s 143(3) order has been accepted. Therefore, the appeal filed by the assessee before the Hon'ble Bench may kindly be treated as infructuous and therefore withdrawn. Copy of consequential order passed u/s 143 r.w.s 263 dated 31.03-2023 is attached herewith.” 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 11-05-2023 Sd/- Sd/- (ANNAPURNA GUPTA) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 11/05/2023 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