M/s. Amit Enterprises Housing Limited, Pune V. Principal Commissioner of Income-tax, Central), Pune

ITA 195/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1095 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 20-05-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SARVESHA BAJ
• Keywords: Set aside
• Section: 263; 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.195 & 196/PUN/2021 िनधाᭅरण वषᭅ / Assessment Years: 2016-17 & 2017-18 M/s. Amit Enterprises Housing Limited, 1902, Amit House, Bajirao Road, Sadashiv Peth, Pune- 411030. PAN : AAGCA9192A Vs. PCIT (Central), Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against the separate orders of ld. Pr. Commissioner of Income Tax (Central), Pune common dated 31.03.2021 for the assessment years 2016-17 and 2017-18. 2. When the matter had come up for hearing, ld. AR for the assessee filed a letter dated 24.05.2022 seeking permission to withdraw the above captioned appeals. The relevant contents of the said letter dated 24.05.2022 are reproduced hereunder :- “In this regard it is respectfully submitted that the Appellant had filed the appeal before Your Honours against the order of the Hon'ble Assessee by : Ms. Sarvesha Baj Revenue by : Shri Sardar Singh Meena Date of hearing : 26.05.2022 Date of pronouncement : 26.05.2022 ITA Nos.195 & 196/PUN/2021 2 Principal Commissioner of Income-Tax ('PCIT') passed u/s 263 of the Income-tax Act, 1961 ('the Act') dated 31st March, 2021, wherein the Hon'ble PCIT has set aside the assessment order u/s 143(3) r.w.s 153A dated 27th December, 2018 for the year under consideration, with specific directions to verify the year on year revenue recognition and estimated cost of construction. Subsequently, the Learned Assessing Officer ('Ld. AO') has passed the assessment order u/s. 143(3) r.w.s. 263 of the Act wherein after verification of issues as required by the Hon'ble PCIT, no addition has been made by the Ld. AO. In view of the fact that there are no adverse implications of the order passed u/s. 263 of the Act and to avoid cost of litigation, the Appellant requests your Honour to kindly allow the Appellant to withdraw the appeal mentioned above, for the kind act of which the Appellant shall be much obliged.” 3. Considering the above submissions of the ld. AR for the assessee and ld. Sr. DR’s no objection for withdrawal of these appeals, we hereby grant permission to the assessee to withdraw these appeals. Accordingly, the above captioned appeals stands dismissed as ‘withdrawn’. 4. In the result, both the appeals filed by the assessee stand dismissed as ‘withdrawn’. Order pronounced in the open Court on this 26 th day of May, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 26 th May, 2022. Sujeet ITA Nos.195 & 196/PUN/2021 3 आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT (Central), Pune. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.