SHL (INDIA) PRIVATE LIMITED,GURGAON vs. DIT, CIRCLE-3(1), GURGAON
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 held that since the assessee had already filed an appeal against the same order (ITA No. 5918/Del/2024) which was pending adjudication, the present appeal was not maintainable and thus dismissed.
What were the facts?
The assessee filed an appeal for AY 2021-22 against an assessment order. Subsequently, the assessee filed another appeal through e-filing and also a physical copy, which was numbered as ITA No. 5960/Del/2024.
What were the issues?
Whether an appeal is maintainable when a previous appeal against the same order is already pending before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
ORDER
PER YOGESH KUMAR, U.S. JM:
The present appeal has been preferred by the assessee for assessment year 2021-22 against the final Assessment Order dated 21/12/2023 passed by the A.O u/s 144C (1) of the Income Tax Act, 1961 ('Act' for short).
At the time of hearing, a letter dated 17/06/2025 was filed by 2. the assessee stating that the Assessee has already filed an Appeal before the Tribunal through e-filing portal which has been numbered as ITA No. 5918/Del/2024. Further submitted that, after physical copy of Appeal set with the registry of the Tribunal and inadvertently also paid the Court fee, therefore, the registry has considered it as a fresh Appeal and numbered as ITA No.
5960/Del/2024.
Considering the fact that the Assessee has already filed Appeal through e-filing before the Tribunal against the very same order impugned which is numbered as and the same is pending adjudication, the present Appeal filed on the very same cause of action is not maintainable. Therefore, the present Appeal is dismissed as not maintainable. It is hereby clarified that, this order of dismissal will not come in the way of the Assessee in pursuing the Appeal in pending adjudication before the Tribunal.
Order pronounced in the open court on 25th June, 2025
More judgments on Section 144C(1)
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- ACIT-Circle 6(1)(1) Mumbai, Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7767/MUM/2026[2013-14]Status: Disposed30 Sept 2026AY 2013-14
- ACIT-Circle6(1)(1) Mumbai., Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7766/MUM/2026[2016-17]Status: Disposed30 Sept 2026AY 2016-17
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