SHRI RATAN SINGH THAKUR,SAGAR vs. PR, COMMISSIONER OF INCOME TAX, JABALPUR

O R D E R PER OM PRAKASH KANT, A.M.: This appeal by the assessee is directed against the order dated 25.03.2021 passed by Ld. Pr. Commissioner of Income Tax, Jabalpur-1 [in short “Ld. PCIT” ] for the assessment year 2011-12, holding the assessment order passed by Assessing Officer (in short “AO”) as erroneous in so far as prejudicial to the interest of the Revenue in terms of section 263 of the Income Tax Act, 1961 (in short “the Act”). The assessee has raised following grounds of appeal:-

1. “That the Ld.Pr. Commissioner of Income Tax grossly erred in facts and circumstances of the case to set-aside the de- novo.

2. That the observation of the Ld.Pr.CIT that the Assessing Officer was fail to make enquiry is not justified. 3. That the wrong provision applied by the Assessing Officer cannot be a reason for set-aside the assessment order de- novo. 4. That the Assessee craves leave to raise any other ground/s on or before the date of hearing to prove that the order passed by the Ld. Pr. CIT is bad.” 2. At the outset, Ld. Counsel for the assessee submitted that in the assessment order passed by the AO in 22.03.2022 in terms of section 143 r.w.s 263 of the Act, claim of the assessee has been accepted and therefore, the appeal against the order of section 263 of the Act is merely rendered academic.