Sh Shailesh Ramniklal Shah, Nashik V. Principal Commissioner of Income-Tax - 1, Nashik

ITA 297/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0176 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 04-07-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.297/PUN/2021 निर्धारण वषा / Assessment Year : 2016-17 Shri Shailesh Ramniklal Shah 129/130, Abhyankar Towers, M.G. Road, Opp. Bata Showroom, Nashik – 422001 PAN : ADBPS3092C Vs. Pr.CIT, Nashik-1 Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2016-17 arises against the PCIT, Nashik-1‟s order dated 12-03-2021 passed in caseNo.ITBA/REV/F/REV5/2020-21/1031447103(1) involving proceedings under Section 263 of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. Assessee by Shri Nimish Dixit Revenue by Shri Saradar Singh Meena Date of hearing 18-07-2022 Date of pronouncement 27-07-2022 ITA No.297/PUN/2021 Shri Shailesh Ramniklal Shah 2 2. It emerges at the outset that the assessee has filed his letter dated 18.04.2022 seeking to withdraw the instant appeal as follows: “The impugned appeal has been filed by the assessee against the Revision Order u/s 263 passed for A.Y. 2016-17. It is submitted that in the asst. order passed u/s 143(3) r.w.s. 263, the A.O. has accepted the claim of the assessee without making any addition on the issue which was directed to be verified by the PCIT vide the revision order u/s 263. In view of this fact, the present appeal filed against the revision order u/s 263 has become infructuous. Therefore, the assessee requests for withdrawal of the present appeal. The assessee would be grateful if the appeal is permitted to be withdrawn.” 3. The department is fair enough in not opposing to the assessee‟s foregoing withdrawal request. Ordered accordingly. 4. This assessee‟s appeal is dismissed as withdrawn in foregoing terms. Order pronounced in the Open Court on 27 th July, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 27 th July, 2022 GCVSR ITA No.297/PUN/2021 Shri Shailesh Ramniklal Shah 3 आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 4. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 21-07-2022 Sr.PS 2. Draft placed before author 22-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.