THE NAINITAL BANK LTD.,NAINITAL vs. PR. CIT, HALDWANI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
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?
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
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.
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.
The learned Departmental Representative agreed with the aforesaid submissions of the assessee.
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.
In the result, the appeal is dismissed.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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