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Facts
The assessee filed an appeal against the order of the Principal Commissioner of Income Tax (PCIT) dated 30.03.2024 for AY 2017-18. The AO had passed an Order Giving Effect (OGE) and accepted the return of income, with no additions proposed by the PCIT after verification.
Held
The Tribunal held that since the AO in the OGE accepted the return of income and the PCIT, after verification, did not propose any additions, the directions given by the PCIT under Section 263 became infructuous. Consequently, all grounds raised by the assessee were allowed.
Key Issues
Whether the directions given by the PCIT under Section 263 become infructuous when the AO, in the Order Giving Effect, accepts the return and proposes no additions.
Sections Cited
263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI
(Assessment Year: 2017-18) Kohinoor Foods Limited, vs. Pr.CIT, Delhi 4, 201, Vipps Centre, 2 Community Complex, New Delhi. Masjid Moth, Greater Kailash 2, New Delhi – 110 048. (PAN : AAACS2470D) (APPELLANT) (RESPONDENT) ASSESSEE BY : Ms. Ananya Kapoor, Advocate REVENUE BY : Shri Amit Kumar Jain, CIT DR Date of Hearing : 27.05.2025 Date of Order : 04.06.2025 O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER :
The assessee has filed appeal against the order of the Learned Pr.Commissioner of Income Tax, Delhi-4 [“Ld. PCIT”, for short] dated 30.03.2024 for the Assessment Year 2017-18.
At the time of hearing, ld. AR brought to our notice that the AO has passed the Order Giving Effect (OGE) to the order passed under section 263 of the Income-tax Act, 1961 and the AO in OGE has accepted the return of income filed by the assessee and the issues raised by the ld. PCIT has been duly verified and not proposed any addition. Therefore, she prayed that this appeal may be dismissed.
After considering the submissions made by the ld. AR of the assessee and noting that AO in OGE has accepted the return of income filed by the assessee and the issues raised by the ld. PCIT has been duly verified and not proposed any addition, therefore, the directions given by the ld. PCIT u/s 263 becomes infructuous. Hence, all the grounds raised by the assessee are allowed.
4. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open court on this 4th day of June, 2025.