UPRIGHT INFRAHEIGHTS PRIVATE LIMITED,DELHI vs. INCOME TAX OFFICER WARD - 34(1), NEW DELHI
What did the Tribunal hold?
The Tribunal held that once an assessment is selected for scrutiny, the intimation order under section 143(1)(a) merges with the scrutiny assessment. Therefore, the original appeal became infructuous.
What were the facts?
The assessee's appeal was dismissed by the Additional JCIT. The assessee later filed a belated return of income, which was accepted by the AO after scrutiny assessment under section 143(3) read with section 144B.
What were the issues?
Whether an appeal becomes infructuous when the underlying assessment proceedings are completed and accepted by the AO after scrutiny, rendering the original appeal moot.
Which sections of the Income-tax Act were involved?
Section 139(4),Section 143(3),Section 144B,Section 143(1)(a)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘C’: NEW DELHI
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR PAREEK
PER SUDHIR PAREEK, JM:
The captioned appeal against the order dated 02.07.2025 passed by Additional JCIT -4 Bengaluru, by which the appeal of the assessee was dismissed.
At the outset, in the course of hearings , the Learned AR fairly submitted that the present appeal became infructuous because tha appellant has filed its return of income on 27-12-2024 u/s 139(4) of the Act for the relevant AY and the case was selected for scrutiny under CASS and on verification of the details furnished, the Learned AO accepted the furnished explanation of the appellant and passed order u/s 143(3) read with section 144B of the Act on dated 21-02-2026 as the appellant complied with the conditions prescribed therein and the Learned AR referred order in ITA No. 989/DEL/2025 DCIT Circle versus Denso Haryana Pvt Ltd dated 06/05/2026 of the co ordinate bench in which held thatonce the assessment is selected for scrutiny, the intimation order passed u/s 143(1) (a) of the Act is merged with the scrutiny assessment u/s 143(3) of the Act and the assessment order which is already merged has no locus standi, The Learned DR admitted the above fact situation and expressed no objection, accordingly we are of considered view that the present appeal of the assessee may be disposed of as infructuous.
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Consequently, the appeal of the asessee is hereby dismissed as infructuous.
Order pronounced in the Open Court on 20.08.2026
Sd/- Sd/- (RAMIT KOCHAR) (SUDHIR PAREEK) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 20/08/2026. Copy forwarded to: 1. Appellant 1. Respondent 2. CIT 3. CIT(Appeals) 4. DR: ITAT
ASSISTANT REGISTRAR ITAT NEW DELHI
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More judgments on Section 139(4)
- Sanket Vijaybhai Shah, Ahmedabad vs Dy.CIT Circle 3(1)(1), AhmedabadITA 2446/AHD/2026[2015-16]Status: Disposed19 Oct 2026AY 2015-16
- Gurukul Shiksha Sanstha, Chandrapur vs ITO Ward - 3, Exemp, NagpurITA 549/NAG/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
- Aryanparv Realty LLP, Ahmedabad vs ITO Ward 3 3 1, AhmedabadITA 910/AHD/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Vishal Rameshbhai Sorathiya, Rajkot vs The ITO WD 1(1)(1), RajkotITA 485/RJT/2026[2020-21]Status: Disposed7 Oct 2026AY 2020-21
- M/S. Development Education & Welfare Trust… vs I.T.O., Ward - 2(3), AlipurduarITA 2367/KOL/2026[2020-2021]Status: Disposed7 Oct 2026AY 2020-2021
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