LONGRANGE COMMODITIES PVT. LTD.,MUMBAI vs. PR. CIT -8, MUMBAI, MUMBAI

This is an appeal preferred by the assessee against the order of the Ld. Principal Commissioner of Income Tax-08, Mumbai dated 22.02.2021 for assessment year 2017-18 passed under section 263 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

At the outset, the Ld. CIT-DR brought to our notice that this is an appeal preferred by the assessee against the order of the Ld. PCIT u/s 263 of the Act dated 22.02.2021; and the AO has already given effect to the order of the Ld. PCIT by passing the re-assessment order dated 28.03.2022 and has placed before us the copy of re-assessment order dated 28.03.2022 passed by AO u/s 143(3) read with section 263 of the Act. Therefore, according to the Ld. CIT-DR, the appeal of the assessee challenging the action of Ld. PCIT has become infructuous in 2 A.Y. 2017-18 Longrange Commodities Pvt. Ltd. the light of the aforesaid facts. We note that despite notice none- appeared on behalf of the assessee on 11.08.2022 as well as 02.11.2022. Therefore, we are inclined to dispose of the appeal ex- parte qua assessee and in the light of the subsequent development that the AO has already given effect to the impugned order of the Ld. PCIT. Therefore, without going into the merits of the grounds raised by the assessee which are left open, we dismiss the appeal of the assessee.