GANESH SUGAR INDUSTRIES, Lakhimpur V. Principal C.I.T., Bareilly

ITA 40/LKW/2022

AI Insights

The case involves Ganesh Sugar Industries, the appellant, who filed an appeal against the order dated 24.02.2022 by the Pr. Commissioner of Income Tax, Bareilly, for the assessment year 2017-18. The appeal was related to an order under section 263 of the Income Tax Act, 1961. However, the assessee later submitted an application dated 26.04.2023 requesting the withdrawal of the appeal, stating that no further additions in pursuance to the order under section 263 were being made. The learned Departmental Representative (D.R.) had no objection to the withdrawal. Consequently, the tribunal permitted the withdrawal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123010 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-06-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 04-04-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263

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.40/Lkw/2022 Assessment Year: 2017-18 Ganesh Sugar Industries, 00, Dubha, Nigshasan, Lakhimpur Kheri. PAN: AAEFG 3048G Vs. Pr. Commissioner of Income Tax, Bareilly (Appellant) (Respondent) O R D E R PER SUDHANSHU SRIVASTAVA, J.M.: This appeal is preferred by the assessee against the order dated 24.02.2022 passed by the Ld. Pr. Commissioner of Income Tax, Bareilly for A.Y. 2017-18. 2. The assessee has moved an application dated 26.04.2023 requesting for withdrawal of the appeal, which reads as under: “Most respectfully, the assessee submits as under: That we have filed an appeal against the order u/s 263 of IT Act, 1961 passed by Hon'ble PCIT Bareilly, for the assessment year 2017-18. The assessment in pursuance of order u/s 263 has been made by NFAC and copy of order is enclosed .The assesse's contention that any further addition in pursuance to the order u/s 263 is not being made. Therefore I am withdrawing the appeal with the immediate effect. Appellant by Application for withdrawal of appeal Respondent by Shri H.S. Usmani, CIT(DR) Date of hearing 22/06/2023 Date of pronouncement 22/06/2023 I.T.A. No.40/Lkw/2022 2 Thus in view of aforesaid fact the appellant should be allowed for withdrawal of appeal.” 3. Learned D.R. has no objection. 4. Accordingly, we permit the assessee to withdraw the present appeal. 5. In the result, appeal filed by the assessee is dismissed as withdrawn. (Order pronounced in the open court on 22/06/2023) Sd/- Sd/- ( ANADEE NATH MISSHRA ) (SUDHANSHU SRIVASTAVA) Accountant Member Judicial Member Dated: 22/06/2023 Aks Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow Asstt. Registrar