RATNAMANI METALS & TUBES LIMITED,AHMEDABAD vs. PR. CIT (CENTRAL), AHMEDABAD

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ITA 957/AHD/2018Status: DisposedITAT Ahmedabad16 January 2019AY 2013-142 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 a fresh assessment order had been passed, which accepted the assessee's return of income without making any additions. Therefore, the appeal was rendered redundant.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (Pr.CIT) under Section 263 of the Income Tax Act. This order had set aside the original assessment order for fresh assessment.

What were the issues?

Whether the Pr.CIT erred in invoking Section 263 when the subsequent assessment order did not make any additions. Whether the appeal has become infructuous due to subsequent developments.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD – BENCH ‘D’

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

For Appellant: Shri P.D. Shah, CA
For Respondent: Shri Vinod Tanwani, Sr.DR
Hearing: 16/01/2019

आयकर अपील�य अ�धकरण, अहमदाबाद �यायपीठ - अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD – BENCH ‘D’

BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 957/Ahd/2018 �नधा�रण वष�/Assessment Year: 2013-14 Ratnamani Metals & Tubes Ltd. Pr.CIT (Central) C/o. Mehta Lodha & Co. Vs Ahmedabad. Chartered Accountants 105, sakar-I, Ashram Road Ahmedabad 380 009. अपीलाथ�/ (Appellant) �� यथ�/ (Respondent) Assessee by : Shri P.D. Shah, CA Revenue by : Shri Vinod Tanwani, Sr.DR

सुनवाई क� तार�ख/Date of Hearing : 16/01/2019 घोषणा क� तार�ख /Date of Pronouncement : 16/ 01/2019 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : Present appeal is directed at the instance of the assessee against order of ld.Pr.CIT (Central), Ahmedabad dated 21.3.2018 passed for the Asstt.Year 2013-14.

2.

Grievance of the assessee is that ld.Commissioner has erred in taking cognizance under section 263 of the Income tax Act, and thereby setting aside assessment order passed under section 143(3) for passing fresh assessment order.

3.

The ld.counsel for the assessee at the very outset submitted that in pursuance of 263-order, the ld.AO has passed assessment order on 21.3.2018 and accepted the return of income disclosed by the assessee.

ITA No.957/Ahd/2018 - 2 -

He has not made any addition on the basis of 263-order, and therefore, the assessee does not want to pursue this appeal. It, therefore, becomes redundant.

4.

In view of subsequent development by way of passing of fresh assessment, the assessee is not aggrieved with the order ld.Commissioner in a theoretical manner. Considering the above situation, we do not find merit in this appeal. It is dismissed.

5.

In the result, appeal of the assessee is dismissed. Pronounced in the Open Court on 16th January, 2019.

Sd/- Sd/- (WASEEM AHMED) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER

Ahmedabad; Dated, 16/01/2019

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