2022 (6) TMI 649 - AT - Income Tax

Revision u/s 263 - Application for withdrawal was filed by the appellant-assessee through its managing director stating that after the order passed by the ld. PCIT-4, Kolkata u/s. 263 a fresh order u/s. 143(3)/263 dated 20.12.2019 was also passed by the AO and did not make any adverse decision or additions and concluded same as original assessment u/s. 143(3) and as such no grievance of the assessee against the order passed u/s. 263 - HELD THAT - We, after perusal of above application and hearing the ld.DR on this issue since he has no objection for such withdrawal of appeal by appellant. This appeal may be treated as infructuous and dismissed on withdrawal. Appeal of assessee is treated as dismissed on withdrawn.

Summary

Issues involved: Appeal against order of ld. CIT(A) arising from assessment order u/s. 143(3) for A.Y 2014-15, Application for withdrawal filed by appellant-assessee, Treatment of appeal as infructuous, Dismissal of appeal.

Analysis:

1. Appeal against order of ld. CIT(A): The present appeal was filed by the assessee against the order dated 26-03-2018 passed by the ld. Commissioner of Income-tax (Appeals), Kolkata-4, arising from the assessment order passed u/s. 143(3) of the Income-tax Act, 1961 for the Assessment Year 2014-15.

2. Application for withdrawal: During the proceedings, it was noted that an Application for withdrawal was filed by the appellant-assessee through its managing director. The application stated that after a fresh order u/s. 143(3)/263 was passed by the Assessing Officer (AO) following an order u/s. 263 by the ld. PCIT-4, Kolkata, no adverse decision or additions were made, and the assessment was concluded the same as the original assessment u/s. 143(3). The appellant expressed no grievance against the order passed u/s. 263 by ld. PCIT-Kolkata, leading to the request for withdrawal of the appeal.

3. Treatment of appeal as infructuous: After considering the application for withdrawal and hearing the ld. DR, who had no objection to the withdrawal of the appeal, it was decided that the appeal may be treated as infructuous and dismissed on withdrawal. The Tribunal found merit in treating the appeal as infructuous based on the circumstances presented.

4. Dismissal of appeal: Consequently, the appeal of the assessee was treated as dismissed on withdrawal. The Tribunal pronounced the order in open court on 13-06-2022, officially concluding the matter by dismissing the appeal.

In summary, the Appellate Tribunal ITAT Kolkata dismissed the appeal filed by the assessee against the order of ld. CIT(A) for the A.Y 2014-15, following the filing of an application for withdrawal by the appellant-assessee due to the absence of adverse decisions in the fresh assessment order. The Tribunal, after considering the application and the lack of objection from the ld. DR, treated the appeal as infructuous and subsequently dismissed it.