Smt. Bhanuben Ratilalbhai Morbia, Kutch, Kutch V. The Pr. CIT-1, Rajkot, Rajkot

ITA 61/RJT/2022

AI Insights

This case involves an appeal by Smt. Bhanuben Ratilalbhai Morbia 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 for the year 2017-18. The primary contention in the appeal was related to the explanation of cash deposits by the assessee. However, subsequent to the filing of the appeal, the Assessing Officer accepted the assessee's explanation and the returned income. Consequently, the assessee chose to withdraw the appeal, which was formally dismissed by the tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 138227 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 20-03-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted Through Virtual Court) Before: Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Smt. Bhanuben Ratilalbhai Morbia, Kalpesh S. Doshi & Co., Chartered Accountants 1006-09, The Spire 2, Near Sheetal Park BRTS Stop, 150ft Ring Road, Rajkot-360005 PAN No: AITPM3079N (Appellant) Vs The Principal Commissioner of Income Tax, Rajkot-1, Rajkot (Respondent) Assessee Represented: Shri Kalpesh Doshi, A.R. Revenue Represented: Adjournment Application Date of hearing : 31-07-2023 Date of pronouncement : 02-08-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the Revision order dated 02-02-2022 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’) revising the assessment order passed under section 143(3) of the Act relating to the Assessment Year (A.Y) 2017-18. ITA No. 61/Rjt/2022 Assessment Year: 2017-18 I.T.A No. 61/Rjt/2022 A.Y. 2017-218 Page No Smt. Bhanuben Ratilalbhai Morbia Vs. Pr.CIT 2 2. At the outset, Ld. Counsel Shri Kalpesh Doshi appearing for the assessee submitted that while giving effect to the Revision order dated 06-03-2023, the A.O. has accepted the explanation of cash deposits and thereby accepted the Returned Income filed by the assessee. Therefore the assessee is not pressing this appeal filed against the Revision order and sought permission to withdraw this appeal. 3. Per contra, the Revenue sought for adjournment on account of new appointment of Sr.D.R., however the request for adjournment is hereby denied, since the assessee seeks to withdraw the above appeal and also placed on record the giving effect assessment order dated 06-03-2023. After perusing the same, the appeal filed by the assessee is hereby dismissed as withdrawn. 4. In the result, the appeal is dismissed as withdrawn. Order pronounced in the open court on 02 -08-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 02/08/2023 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