RENEW SAUR URJA PRIVATE LIMITED,DELHI V. PCIT, RANGE-7, DELHI

ITA 2559/DEL/2024

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 314383 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIMISHA SINGH
• Assessee Lawyers: SNIGDHA GAUTAM
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. Naveen Chandra, Accountant Member ITA No. 2559/Del/2024 : Asstt. Year : 2018-19 Renew Saur Urja Pvt. Ltd., 138, Ansal Chamber-II, Bhikaji Cama Place, New Delhi-110066 Vs PCIT, Range-7, New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAHCR3981P Assessee by: Ms. Snigdha Gautam, Adv. Revenue by : Ms. Nimisha Singh, CIT-DR Date of Hearing: 07.05.2025 Date of Pronouncement: 07.05.2025 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2018-19, arises against the PCIT, Delhi-7’s DIN & order No. ITBA/REV/F/REV5/2023-24/1063238754(1) dated 23.03.2024, in proceedings u/s 263 of the Income Tax Act, 1961 (in short “the Act”). 2. It emerges at the outset that the assessee has filed his application for withdrawal of the instant appeal as under: “May it please Your Honors; This has reference to the captioned appeal before the Delhi Benches of this Hon’ble Income Tax Appellate Tribunal (“ITAT”) which is listed on 7 May 2025. It is submitted that the appeal was preferred by the Appellant against order under section 263 of the Act passed by the Principal Commissioner of Income Tax, Delhi - 7 (hereinafter ‘Ld. PCIT’) dated 23 March 2024. Subsequently, ITA No. 2559/Del/2024 Renew Saur Urja Pvt. Ltd. 2 the assessment proceedings under section 143(3) were completed in accordance with directions issued in revisionary proceedings under section 263 by Ld. PCIT and an order dated 19 March 2025 was passed under section 143(3) r.w.s. 263 read with section 144B of the Income Tax Act, 1961 (“the Act”). A copy of the order is enclosed as Annexure 1. It is submitted that the assessment order has been passed by the Ld. Assessing Officer after making due verification of the evidences submitted by the appellant during the course of assessment post order under section 263 of the Act. The said order has been passed without making any additions on any issues. Accordingly, even though the appellant has a strong case in relation to the subject appeal, however, since no quantified addition has been made in the assessment order passed under section 143(3) r.w.s. 263 of the Act, the appellant hereby prays that the captioned appeal before your Honours’ be treated as academic in nature. In this regard, the appellant specifically submits that the action of not pursuing the subject appeal should not be construed as ‘acceding to’ or ‘accepting’ the allegations, contentions and observations made in the order passed under section 263 of the Act. We sincerely regret any inconvenience caused in this regard and trust that our request shall be acceded to.” 3. The Revenue is equally fair in not disputing this clinching averments made by the assessee at this stage. Ordered accordingly. 4. This assessee’s appeal is dismissed as withdrawn in above terms subject to all just exceptions. Order Pronounced in the Open Court on 07/05/2025. Sd/- Sd/- (Naveen Chandra) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 07/05/2025 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR "