THE NAINITAL BANK LTD.,NAINITAL vs. PR. CIT, HALDWANI

PDF · subscribers
ITA 3343/DEL/2016Status: DisposedITAT Dehradun21 February 2023AY 2010-113 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 additions made by the Assessing Officer, which were the subject of the PCIT's section 263 order, had already been deleted by the Tribunal in a prior quantum appeal. Therefore, the present appeal had become infructuous.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under section 263. The assessee had previously appealed the additions made by the Assessing Officer, and these additions were fully deleted by the Tribunal.

What were the issues?

Whether an appeal against a section 263 order becomes infructuous when the underlying additions have been deleted by the Tribunal in a separate quantum appeal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH: ‘DB’ DEHRADUN

Before: SHRI SAKTIJIT DEY & DR. B.R.R. KUMAR

Hearing: 21.02.2023Pronounced: 21.02.2023

ORDER PER SAKTIJIT DEY, JM: Captioned appeal has been filed by the assessee challenging order dated 31.03.2016 passed by learned Principal Commissioner of Income Tax (PCIT), Haldwani, under section 263 of the Income-tax Act, 1961 (for short ‘the Act’) for the assessment year 2010-11.

2.

At the time of hearing, Sh. K.R. Rastogi, learned counsel appearing for the assessee submitted that against the assessment order passed in pursuance to the direction of learned PCIT under section 263 of the Act, the assessee had preferred appeal before learned Commissioner (Appeals) and thereafter before the Tribunal. He submitted, the additions made by the Assessing Officer were fully deleted by the Tribunal while deciding the quantum appeal. Thus, he submitted, after the order of the Tribunal in quantum proceeding, the grievance of the assessee has been redressed and the present appeal for all practical purposes has become infructuous.

3.

The learned Departmental Representative agreed with the aforesaid submissions of the assessee.

4.

Having taken note of the submissions of the parties, we find, while deciding assessee’s appeal arising out of consequential proceeding in pursuance to the order passed under section 263 of Act, the Tribunal in dated 13.07.2021 has deleted the additions made by the Assessing Officer. In this view of the matter, the present appeal has become infructuous.

Accordingly, we dismiss the appeal.

5.

In the result, the appeal is dismissed.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →