Pine Crest School Society, Gurgaon V. CIT(Exemption), Chandigarh

ITA 414/CHANDI/2022

AI Insights

The case involved an appeal by Pine Crest School Society against the order of the Commissioner of Income Tax (Exemption), Chandigarh, which directed the Assessing Officer to pass a fresh assessment order under Section 263 of the Income Tax Act. The original assessment was claimed to be erroneous and prejudicial to the interest of the revenue. However, during the pendency of the appeal, a fresh assessment order was passed by the Assessing Officer, accepting the return income of the appellant as filed. Consequently, the Assessee found the appeal to be infructuous and requested its withdrawal, which was granted by the tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127800 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-03-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 05-05-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ “बी” , च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH (VIRTUAL HEARING) ी आकाश द प जैन, उपा य एवं ी $व%म 'संह यादव, लेखा सद,य BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM ITA NO. 414/Chd/ 2022 Assessment Year : 2013-14 Pine Crest School Society B-11, DLF Phase-1, Gurgaon- 122002 Haryana The CIT(Exemption) Chandigarh PAN NO: AABTP1351N Appellant Respondent ! " Assessee by : Shri Basant Kumar, Advocate # ! " Revenue by : Shri Sarabjeet Singh, CIT, DR $ % ! & Date of Hearing : 13/03/2023 '()* ! & Date of Pronouncement : 13/03/2023 आदेश/Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal by the Assessee against the order of the Ld. CIT(Exemption), Chandigarh dt. 16/02/2022 pertaining to A.Y. 2013-14. 2. During the course of hearing the Ld. Counsel for the Assessee moved an application to withdraw the appeal which reads as under: MOST RESPECTFULLY SHOWETH That the present appeal is fixed for hearing before your honours on 13.03.2023. This appeal was filed by appellant against order passed by Commissioner of Income Tax (Exemption), Chandigarh dated 16.02.2022 under Section 263 of the Act, directing the Assessing Officer to pass the fresh assessment order as in his opinion the original order of assessment was erroneous and prejudicial to the interest of the revenue. 2. That the Appellant was aggrieved with the direction of Ld. Commissioner of Income Tax (Exemption) for passing fresh order of assessment because in view of appellant the original order passed by AO was neither erroneous nor prejudicial to the interest of the revenue. 3. That during the pendency of the present appeal, Ld. Assessing officer has passed the fresh order of assessment pursuant to direction of CIT (Exemption) vide order dated 31.01.2023 in which return income of the appellant was accepted. In the order there was neither any proposed variation of income nor any addition was made. Copy of order of the Ld. AO alongwith computation and notice of demand is enclosed herewith as Annexure A. 2 4. That in view of above order of assessment, the present appeal filed by the appellant become infructuous in nature. 5. That the appellant requests your honours to kindly allow the appellant to withdraw the present appeal. Prayed accordingly, For Pine Crest School Society Sd/- (Bhupen Phougaat) Authorised Signatory) 3. Ld. DR did not object if the appeal of the assessee is dismissed as withdrawn. 4. In view of the above the appeal of the assessee is dismissed as withdrawn. 5. In the result, appeal of the Assessee is dismissed. (Order pronounced in the open Court on 13/03/2023) Sd/- Sd/- आकाश द प जैन $व%म 'संह यादव (AAKASH DEEP JAIN) ( VIKRAM SINGH YADAV) उपा य / VICE PRESIDENT लेखा सद,य/ ACCOUNTANT MEMBER AG Date: 13/03/2023 ( + ! , - . - Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. $ / CIT 4. $ / 0 1 The CIT(A) 5. - 2 ग 4 5 & 4 5 678 ग9 DR, ITAT, CHANDIGARH 6. ग 8 : % Guard File ( + $ By order, ; # Assistant Registrar