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Income Tax Appellate Tribunal, AHMEDABAD – BENCH ‘D’
Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED
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.
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.
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.
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.
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