Shri Deepakkumar Natvarlal Dholakia, Junagadh V. The Principal Commissioner of Income Tax-1, RAJKOT-GUJARAT

ITA 45/RJT/2021

AI Insights

The case involves an appeal by Shri Deepakkumar Natwarlal Dholakia against a revision order passed by the Principal Commissioner of Income Tax, Rajkot-1, under section 263 of the Income Tax Act, 1961. The revision order pertained to the Assessment Year 2016-17. However, a significant development occurred when the Hon'ble Gujarat High Court quashed the related order under sections 143(3) read with section 263 of the Act. Following this judgment, the Assessee's counsel declared the appeal as infructuous, leading to the dismissal of the appeal by the Income Tax Appellate Tribunal, Rajkot.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 138253 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-09-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 04-04-2021
• Other Referred Cases: R/Special Civil Application No. 9041 of 2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted Through Virtual Court) Before: Smt. Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Shri Deepakkumar Natwarlal Dholakia, C/o. M/s. Chokshi Vachhraj Makanji & Co. Shishumangal Road, Gandhigram, Junagadh Gujarat PAN No: ABJPC0536B (Appellant) Vs Commissioner of Income Tax-3, Rajkot (Respondent) Assessee Represented: Shri Samir Jani, A.R. Revenue Represented: Shri Shramdeep Sinha, Sr. D.R. Date of hearing : 14-09-2023 Date of pronouncement : 20-09-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the Revision order dated 21-03-2021 passed by the Principal Commissioner of Income Tax, Rajkot-1, under section 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2016-17. ITA No: 45/Rjt/2021 Assessment Year: 2016-17 I.T.A No. 45/Rjt/2021 A.Y. 2016-17 Page No Shri Deepakkumar Natwarlal Dholakia Vs.CIT 2 2. At the outset, Ld. Counsel Shri Samir Jani appearing for the assessee submitted that the Hon’ble Gujarat High Court vide its Judgment dated 06-02-2023 in R/Special Civil Application No. 9041 of 2022 quashed the order u/s. 143(3) r.w.s. 263 of the Act. In view of the same, the appeal filed by the assessee become infructuous and the appeal is not pressed for. 3. Recording the above statement, the appeal filed by the Assessee is hereby dismissed. Order pronounced in the open court on 20 -09-2023 Sd/- Sd/- (ANNAPURNA GUPTA) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 20/09/2023 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / 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 अपीलȣय अͬधकरण, राजकोट