SOWPARNIKA RETAIL PRIVATE LIMITED ,BANGALORE V. PR. COMMISSIONER OF INCOME TAX, BANGALORE -1, BANGALORE

ITA 1521/BANG/2025

AI Insights

The case involves Sowparnika Retail Private Limited, which filed an appeal against the order of the PCIT, Bangalore-1, under section 263 of the Income Tax Act, 1961. The PCIT had set aside the initial assessment order, deeming it erroneous and prejudicial to the interest of the revenue, as it did not adequately address certain inadmissible expenses and issues related to the deduction of TDS. The Tribunal heard the appeal, but following the assessee's request to withdraw it, due to the subsequent assessment order not making any additions, the appeal was dismissed as withdrawn.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 716891 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2021-2022
• Appeal Filed On: 09-07-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUTHUSHANKAR
• Assessee Lawyers: SUNIL KUMAR SEERVI
• Keywords: Set aside; TDS; Revision of order
• Section: 143(3); 263; 14A

Judgement Text

"ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “B’’ BENCH: BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.1521/Bang/2025 Assessment Year: 2021-22 Sowparnika Retail Private Limited 58 Innovations 15th Cross, 2nd Phase JP Nagar Bangalore 560 078 Karnataka PAN NO : AAUCS8751R Vs. PCIT Bangalore-1 APPELLANT RESPONDENT Appellant by : Sri Sunil Kumar Seervi, A.R. Respondent by : Sri Muthu Shankar, D.R. Date of Hearing : 19.08.2025 Date of Pronouncement : 20.08.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: This appeal at the instance of the assessee is directed against the order of ld. PCIT, Bangalore-1 dated 24.3.2025 vide DIN & Order No. ITBA/REV/F/REV5/2024-25/1074955507(1) passed u/s 263 of the Income Tax Act, 1961 (in short “The Act”) for the assessment year 2021-22. 2. The assessee has raised the following grounds of appeal:- Printed from counselvise.com ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore Page 2 of 6 Printed from counselvise.com ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore Page 3 of 6 Printed from counselvise.com ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore Page 4 of 6 3. Brief facts of the case are that the assessee company had filed return of income for the Asst. year 2021-22 on 7.3.2022 declaring business loss of Rs.8,47,73,529/- Subsequently, the case was selected for scrutiny and the assessment was concluded vide order dated 22.12.2022 passed u/s 143(3) r.w.s. 144B of the Act by accepting the returned income. Thereafter, the ld. PCIT Bangalore- 1 had set aside the assessment order of AO dated 22.12.2022 by holding that the order is erroneous and prejudicial to the interest of the revenue in so far as the AO has passed the order without Printed from counselvise.com ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore Page 5 of 6 examining the reasons for inadmissible expenses reported u/s 14A of the Act not being disallowed in computation of income and without verification of the reasons for lower deduction of TDS and accordingly directed the AO to pass fresh order after carrying out the necessary verification and examination and enquiring into the claim of disallowance u/s 14A of the Act and verify the reasons for lower deduction of TDS. 4. Aggrieved by the order dated 24/03/2025 passed u/s 263 of the Act, the assessee has filed the present appeal before this Tribunal. 5. Before us, at the outset, the ld. A.R. of the assessee vehemently submitted that the consequential assessment order as per the direction of ld. PCIT had already been passed and no addition has been made by the AO. Accordingly, prayed that as the present appeal became academic & hence the appeal may be permitted to be withdrawn. The ld. D.R. also expressed no objection if we permit the assessee to withdraw its appeal. Thus, as per the request of the ld. A.R. of the assessee, we dismiss this appeal as withdrawn. 6. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 20th Aug, 2025 Sd/- (Laxmi Prasad Sahu) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 20th Aug, 2025. VG/SPS Printed from counselvise.com ITA No.1521/Bang/2025 Sowparnika Retail Private Limited, Bangalore Page 6 of 6 Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. Printed from counselvise.com "