Appeal details
Counselvise Citation
[2023] 102 COUNSELVISE.COM (IT) 9612 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 month(s) 15 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
24-04-2023
Appeal Filed By
Department
Order Result
DismissedDismissed
Bench Allotted
G
Next Hearing Date
28-05-2023
Assessment Year
2009-2010
Appeal Filed On
09-01-2023
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘A’ BENCH, MUMBAI. Before Shri B.R. Baskaran (AM) & Shri N.K. Choudhry (JM) I.T.A. No. 86/Mum/2023 (A.Y. 2014-15) M/s. A.P. Properties 2 nd Floor, Orion Business Park, Nehru Road Santacruz East Mumbai-400 055. PAN : AAKFA3152F Vs. PCIT Room No. 418 4 th Floor Pirmal Chamber Lalbaug, Parel Mumbai-400 012. (Appellant) (Respondent) Assessee by Ms. Priyanshi Desai Department by Smt. Shailja Rai Date of Hearing 25.04.2023 Date of Pronouncement 25.04.2023 O R D E R Per N.K. Choudhry (JM) :- This appeal has been preferred by the assessee against the order dated 31.3.2022 impugned herein passed by learned Principal Commissioner of Income Tax, Mumbai-20 (in short ‘PCIT’) under section 263 of the Income Tax Act, 1961 (in short ‘the Act’). 2. The assessee by filing the petition dated 24.4.2023 sought withdrawal of this appeal on the ground that the Assessing Officer while giving effect to the impugned order has accepted the claim of the assessee and has not made any addition vide order dated 25.3.2023 passed under section 143(3) read with section 263 of the Act. 3. Learned DR neither refuted the factual claim of the Assessee nor raised any objection to the prayer of the Assessee. M/s. A.P. Properties 2 4. In view of the aforesaid circumstances, the assessee’s appeal is dismissed as withdrawn. Pronounced in the open court on 25 th April 2023. Sd/- Sd/- (B.R. BASKARAN) (N.K. CHOUDHRY) Accountant Member Judicial Member Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(Judicial) 4. PCIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai
AI Insights
The case involved an appeal by M/s. A.P. Properties against an order passed by the Principal Commissioner of Income Tax, Mumbai-20 under section 263 of the Income Tax Act, 1961. The appeal was related to the assessment year 2014-15. The primary contention arose from the assessee's challenge to the PCIT's order. However, before the tribunal could deliberate on the substantive issues, the assessee filed a petition to withdraw the appeal, citing that the Assessing Officer had accepted their claim and made no additions to their income. The Departmental Representative did not contest the withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn.
