SIKSHYA 'O' ANUSANDHAN,BHUBANESWAR vs. CIT (EXEMPTION), HYDERABAD

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ITA 138/CTK/2023Status: DisposedITAT Cuttack18 April 2024AY 2018-192 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 dismissed the appeal filed by the assessee as infructuous. This was because the consequential assessment order, passed after the revisional directions, resulted in a Nil taxable income, rendering the appeal moot.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (Exemption) under Section 263 of the Act. The assessee later stated that the consequential assessment order determined their total taxable income at Nil.

What were the issues?

Whether the appeal is maintainable when a subsequent assessment order has rendered the original grounds of appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: MANISH AGARWAL

For Appellant: Shri K.K.Bal, Adv
For Respondent: Shri Sanjay Kumar, CIT, Shri Sanjay Kumar, CIT DR
Hearing: 18/0Pronounced: 18/0

O R D E R Per Bench This is an appeal filed by the assessee against the ord This is an appeal filed by the assessee against the ord This is an appeal filed by the assessee against the order of the ld CIT (Exemption), Hyderabad u/s.263 of the Act (Exemption), Hyderabad u/s.263 of the Act dated 28.3.2023 in Appeal 28.3.2023 in Appeal No.CIT(Exemption), Hyd at BBN/Revision No.CIT(Exemption), Hyd at BBN/Revision -263/100000454492/2023 263/100000454492/2023 for the assessment year assessment year 2018-19.

2.

Shri K.K.Bal K.K.Bal, ld AR appeared for the assessee and Shri d AR appeared for the assessee and Shri Sanjay Kumar, Ld CIT DR appeared for the revenue. appeared for the revenue.

P a g e 1 | 2

3.

When the matter was called for hearing, the ld. AR relied upon the consequential assessment order passed by the Assessing Officer u/s.143(3)/263/144B of the Act dated 18.3.2024 in pursuance of revisional directions made under Section 263 of the Act. He prayed that since in the consequential order, the total taxable income has been determined at Nil, the appeal may kindly be withdrawn, to which, ld CIT DR did not have any objection. In view of above, we dismiss the appeal filed by the assessee as infructuous.

4.

In the result, appeal filed by the assessee stands dismissed as infructuous.

1.

Order dictated and pronounced in the open court on 18/04/2024. Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 18/04/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The Appellant : Sikshya ‘O’ Anusandhan, 224, Dharma Vihar, Khandagiri, S.O. Khandagiri, Bhubaneswar 2. The Respondent: Pr. CIT (Exemption), Hyderabad

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