Shrikunj Realty , Pune V. Pr. Commissioner of Income-tax -4, Pune

ITA 762/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8141 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 16-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Revision of order; Set aside
• Section: 143(3); 201; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI PARTHA SARATHI CHAUDHURY , J UDICIAL MEMBER I TA NO. 762 /PUN/201 9 / ASSESSMENT YEAR : 2014 - 15 SHRIKUNJ REALTY 7 TH FLO OR, ONYX, 37/3, GHORPADI, NORTH MAIN ROAD, KOREGAON PARK, PUNE 411001 PAN : A BGFS0265E VS. PR. CIT - 4, PUNE APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : TH IS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE PR. CIT - 4, PUNE ON 29 - 03 - 2019 IN RELATION TO THE ASSESSMENT YEAR 2014 - 15 . 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 15 - 0 7 - 2020, SEEKING WITHDRAWA L OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH WITHDRAWAL LETTER, READ AS UNDER : A SSESSEE BY SHRI NILESH KHANDELWAL RE VENUE BY SHRI DEEPAK GARG DATE OF HEARING 16 - 07 - 2020 DATE OF PRONOUNCEMENT 1 6 - 0 7 - 2020 ITA NO . 762 /PUN/ 201 9 SHRIKUNJ REALTY 2 THE ABOVE REFERRED APPEAL IS SCHEDULED FOR HEARING ON 16/07/2020. THE APPEAL HAS BEEN FILED BY THE APPELLANT AGAINST THE ORDER OF THE PRINCIPLE COMMISSIONER OF INCOME TAX - 4, PUNE (PCIT) PASSED U/S 263 OF THE INCOME TAX ACT, 1961 (ACT) DATED 29/03/2019. IN THE ORDER U/S 263 OF THE ACT DATED 29/03/2019, THE HONBLE CIT HAD SET ASIDE THE ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 7, PUNE (LD. AO) DATED 29/09/2016 AND HAD DIRECTED THE LD. AO TO CARRY OUT THE ASSESSMENT AFRESH IN PURSUANCE OF THE DIRECTIONS GIVEN BY HIM. IN THIS REGARD IT IS SUBMITTED THAT, THE LD. AO HAS PASSED ORDER U/S 143(3) R.W.S 263 OF THE ACT WH ERE RETURNED INCOME OF THE APPELLANT HAS BEEN ACCEPTED. THEREFORE IT IS SUBMITTED THAT THERE IS NO DEMAND WHICH HAS ARISEN IN THE CASE OF THE APPELLANT ON COMPLETING OF THE ASSESSMENT PROCEEDINGS AS PER DIRECTIONS U/S 263 OF THE ACT AND AS SUCH THE PRESE NT APPEAL HAS BECOME ONLY OF ACADEMIC INTEREST FOR THE APPELLANT. IN VIEW OF THE ABOVE FACTS THE APPELLANT WISHES TO WITHDRAW THE APPEAL. IN VIEW OF THIS, IT IS REQUESTED THAT THE HONBLE BENCH MAY PERMIT US TO WITHDRAW THE PRESENT APPEAL FOR THE KIND AC T OF WHICH WE SHALL FEEL MUCH OBLIGED. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDR AWN. ORDER PRONOUNCED IN THE O PEN COURT ON 16 TH JULY, 2020 . SD/ - SD/ - ( PARTHA SARATHI CHAUDHURY ) ( R.S.SYAL ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 16 TH JULY , 2020 GCVSR ITA NO . 762 /PUN/ 201 9 SHRIKUNJ REALTY 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3 . DR, ITAT, B BENCH, PUNE. 4 . / GUARD FILE. // // TRUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 16 - 07 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 1 6 - 07 - 2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SE NT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *