UPRIGHT INFRAHEIGHTS PRIVATE LIMITED,DELHI vs. INCOME TAX OFFICER WARD - 34(1), NEW DELHI

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ITA 2290/DEL/2026Status: DisposedITAT Delhi20 August 2026AY 2024-253 pages
AI SummaryDismissed

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

Hearing: 11.08.2026Pronounced: 20.08.2026

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.

2.

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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3.

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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