KAUSTUBH GUPTA,MEERUT vs. PR,CIT, GHAZIABAID
What did the Tribunal hold?
The Tribunal held that the revenue's appeal and the assessee's appeal and cross-objection were rendered infructuous due to the prior quashing of the Section 263 order. Consequently, all were dismissed.
What were the facts?
The appeals and cross-objection arose from orders passed by the Principal Commissioner of Income Tax under Section 143(3) read with Sections 263 and 154 of the Income Tax Act for AY 2017-18. A previous ITAT order had quashed the PCIT's order under Section 263.
What were the issues?
The primary issue was the consequential effect of a previous ITAT order quashing a Section 263 revision on subsequent appeals and cross-objections.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: MS MADHUMITA ROY & SHRI KRINWANT SAHAY
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER
ITA No. 4524/Del/2025 (A.Y 2017-18)
Kaustubh Gupta Vs. The Pr. CIT 412/3, Mangal Pandey CGO-1, HapurChungi, Nagar Ghaziabad, Uttar Pradesh Meerut-250004 Uttar Pradesh (Appellant) (Respondent) PAN: AYOPG0728R
ITA No. 6169/Del/2025 (A.Y 2017-18) Income Tax Officer, Vs. Kaustubh Gupta Ward-1(1)(3), Income 412/3, Mangal Pandey Tax Officer, Bhainsali Nagar Ground,Meerut Meerut-250004 Uttar Pradesh (Appellant) (Respondent) PAN: AYOPG0728R
C.O No. 255/Del/.2025 (A.Y 2017-18) Income Tax Officer, Vs. Kaustubh Gupta Ward-1(1)(3), Income 412/3, Mangal Pandey Tax Officer, Bhainsali Nagar Ground, Meerut Meerut-250004 Uttar Pradesh (Appellant) (Respondent) PAN: AYOPG0728R Assessee by : Sh. Sanjiv Sapra, FCA Revenue by: Shri Om Prakash, CIT DR and Sh. Rajesh Kumar Dhanesta, SR (DR)
Date of Hearing 23/06/2026 Date of pronouncement 02/09/2026
2 ITA No. 6169, 255 & 4524/Del/2025 ITO Vs. Kaustubh Gupta
O R D E R PER MADHUMITA ROY, JM: The appeal and the cross objection preferred by the Assessee
and the appeal filed by the Revenue are arising out of the orders
passed by the Principal Commissioner of Income Tax, Ghzaiabad,
under Section 143(3) r.w. Section 263 and 154 of the Income Tax Act,
1961 (hereinafter referred to as ‘the Act’) for Assessment Year 2017-
18.
Heard the parties and perused the records.
Having regard to the order passed by the Learned Tribunal in
ITA No. 1125/2022 for Assessment Year 2017-18 whereby and
whereunder the order dated 12.03.2022 passed by the Learned PCIT,
Ghaziabad under Section 263 of the Act for A.Y 2017-18 stood
quashed, the revenue Appeal being ITA No. 6169/Del/2025 arising
out of the consequential order under Section 143(3) read with section
263 of the Act is found to be infructuous and therefore, dismissed as
infructuous.
Thus, ITA No. 4524/Delhi/2025 preferred by the assessee
arising out of the order passed by the Learned CIT(A) wherein
application under Section 154 of the Act seeking certain error to be
rectified stood dismissed is also found to be infructuous and therefore,
3 ITA No. 6169, 255 & 4524/Del/2025 ITO Vs. Kaustubh Gupta
dismissed infructuous. The Cross Objection No. 255/Del/2025 filed
by the assessee supporting the order passed by the Learned CIT(A) as
impugned by the revenue before us is also therefore, infructuous and
thus, dismissed as infructuous.
Both the appeals filed by the respective parties the Cross
Objection filed by the assessee are dismissed as infructuous.
Order pronounced in the open court on 02/09/2026.
Sd/- Sd/- (KRINWANT SAHAY) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 02/09/2026 R. Naheed, Sr PS Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
4 ITA No. 6169, 255 & 4524/Del/2025 ITO Vs. Kaustubh Gupta
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- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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