M/s. Nasrani Petrol Pump, Jodhpur V. ITO, Ward-3(2), Jodhpur

ITA 556/JODH/2018

AI Insights

The case before the Income Tax Appellate Tribunal Jodhpur Bench involved M/s Nasrani Petrol Pump, the appellant, contesting an order from the Pr. Commissioner of Income Tax (Appeals)-2, Jodhpur. The original dispute arose from an assessment order under section 143(3) of the Income Tax Act, 1961, for the assessment year 2013-14, passed by the Income Tax Officer, Ward-3(2), Jodhpur. The assessee raised multiple grounds challenging the order under section 263, arguing that the order was bad in law and fact, and that the Pr. CIT-2 erred in setting aside the assessment order without proper findings. However, during the tribunal hearing, the assessee decided not to pursue the appeal further and requested its withdrawal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122781 (ITAT-JODHPUR)
• Duration Of Justice: 4 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 11-12-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.556/Jodh/2018 Assessment Year : 2013-14 M/s Nasrani Petrol Pump, C/o Rajendra Jain Advocate, 106, Akshay Deep Complex, 5 th B Road, Sardarpura, Jodhpur PAN: AAAFN8277E Vs Income Tax Officer, Ward-3(2), Jodhpur Appellant/ Assessee Respondent /Revenue Assessee by Sh. Rajendra Jain, Advocate Revenue by Smt. Alka Rajvanshi Jain, CIT-DR Date of hearing 18.08.2023 Date of pronouncement 18.08.2023 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee is directed against the order of ld. Pr. Commissioner of Income Tax(Appeals)-2, Jodhpur dated 12.03.2018 emanating from the order under section 143(3) of the I.T. Act, 1961 passed by Income Tax Officer, Ward-3(2), Jodhpur for the A.Y. 2013-14. The Assessee has raised the following grounds of appeal: “1.That on the facts and in the circumstances of the case, the order u/s 263 passed by Id Pr CIT-2. Jodhpur is bad in law and bad in facts. 2. That on the facts and in the circumstances of the case, the Id Pr. CIT-2, Jodhpur erred in not recording own satisfaction in respect of assessment order passed by the ld AO is erroneous ITA No.556/Jodh/2018 M/s Nasrani Petrol Pump 2 so as it prejudicial the interest of revenue as per provision of section 263 of the Act. 3. That on the facts and in the circumstances of the case, the ld Pr. CIT,-2, Jodhpur grossly erred in setting aside the assessment order passed by the u/s 143(3) without any finding as to how the assessment order passed by the ld AO is erroneous so as it prejudicial the interest of revenue. 4. That on the facts and in the circumstances of the case, the ld Pr. CIT,-2, Jodhpur erred in recording various finding in the order are contrary to the material available on record. 5. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing.” 2. At the time of hearing before us, Ld. AR submitted that the assessee did not wish to press this appeal; and that the assessee wished to withdraw this appeal. Ld. AR filed letter of the assessee requesting for withdrawal. The CIT-DR did not object to withdrawal of the appeal by assessee. Accordingly, the appeal is dismissed as withdrawn and not pressed. 3. In the result, appeal of the assessee is dismissed. Order pronounced in the open Court on 18 th August, 2023. Sd/- Sd/- (PAVAN KUMAR GADALE) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 18/08/2023 Sh. ITA No.556/Jodh/2018 M/s Nasrani Petrol Pump 3 Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) Asstt. Registrar 5. The DR 6. Guard File Jodhpur Bench