SHRI NEERAJ GUPTA,SHIMLA vs. PR.CIT-CENTRAL, GURGAON

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ITA 115/CHANDI/2021Status: DisposedITAT Chandigarh08 December 2021AY 2015-163 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the Assessing Officer's fresh order resulted in no addition to the assessee's income. Therefore, the assessee's appeal became infructuous.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under section 263. Subsequently, the Assessing Officer passed a fresh order giving effect to the PCIT's order, assessing income at the returned income without any additions.

What were the issues?

Whether the appeal filed by the assessee has become infructuous due to a subsequent order passed by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 263,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH BENCH ‘B, CHANDIGARH

Before: SHRI SUDHANSHU SRIIVASTAVA & SHRI VIKRAM SINGH YADAV

For Respondent: Shri Sarabjit Singh, CIT DR
Hearing: 08.12.2021

Per Vikram Singh Yadav, Accountant Member:

1.

This is an appeal filed by the assessee against the order of Learned Principal Commissioner of Income Tax (Central) [in short the ‘Ld. Pr.CIT)’], Gurgaon, passed u/s 263 of the Income Tax Act, 1961 (in short ‘the Act’) dated 23.03.2021 pertaining to assessment year 2015-16.

2.

None has appeared on behalf of the assessee. However, an application has been filed with the Registry on 23.11.2021 wherein the assessee has submitted that pursuant to the order passed by the Ld. Pr.CIT (Central) u/s 263 of the Act, the AO has since passed the fresh order u/s 147 read with section 263 of the Act dated 18.08.2021 giving effect to the order of Ld. Pr.CIT wherein the income has been assessed at returned income and no addition has been made to the income in the hands of the assessee. It was accordingly submitted that the present appeal filed by the assessee has become infructuous and he may be allowed to withdraw the same.

3.

The Ld. DR is heard, who has not raised any objection to the said prayer for withdrawal of the appeal.

4.

After perusing the material on record and taking into consideration the prayer submitted by the assessee, the appeal is dismissed as withdrawn.

5.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 08.12.2021.

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