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TMI Blog2023 (8) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue is in appeal filed under Section 260A of the Income Tax Act, 1961 (for short "I.T. Act") against the judgment and order dated 14th December 2016, passed by the Income Tax Appellate Tribunal (Tribunal) in ITA No. 4355/Mum/2011 whereby the Tribunal has quashed the order passed under Section 263 of the I.T. Act by the Commissioner of Income Tax, in allowing the Respondent/ Assessee's appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent appeal whereby the Tribunal had set aside the order passed by the CIT under Section 263 of the I.T. Act. In this view of the matter, in para 4 of the said order, the Tribunal has recorded the following contentions of the Assessee: "4. In view of the above, the learned Counsel for the assessee stated that the consequential assessment framed u/s 143(3) r.w.s. 263 of the Act dated 30-08-2011 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal (ITA No. 2708/Mum/2014) before this Court in Income Tax Appeal No. 299 of 2018. A Co-ordinate Bench of this Court, by an order dated 26th September 2019, permitted the Revenue to withdraw the said appeal considering the tax effect involved. The said order passed by this Court reads thus: " In these Appeals the learned Counsel appearing for the Appellants on instructions seek to withdraw the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, being order dated 30th March 2011. His submission is that the proceedings under the said order itself had ended in the Assessee's appeal being allowed and the challenge to the same being withdrawn by the Revenue, adjudication of the present proceedings, which arise from the proceedings under Section 263, is rendered completely academic and inconsequential. 6. Mr. Suresh Kumar, learned Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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