MFE FORMWORK TECHNOLOGY SDN BHD,MUMBAI vs. THE CIT (INTL TAX), MUMBAI

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ITA 1580/MUM/2022Status: DisposedITAT Mumbai30 August 2022AY 2017-182 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the revision order, which was the subject of rectification, was already quashed, the present appeal had become infructuous. Therefore, the appeal was dismissed.

What were the facts?

The assessee appealed against an order passed by the CIT under section 154 r.w.s. 263 of the Income Tax Act for AY 2017-18. The ITAT had previously quashed the related revision order.

What were the issues?

The primary issue was the validity of a rectification order passed under Section 154 when the underlying revision order under Section 263 had been quashed.

Which sections of the Income-tax Act were involved?

Section 154,Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘I’ BENCH, MUMBAI

Vs. Deputy Commissioner of Income Tax International Tax Circle 3(2)(1), Mumbai ……………...…………Respondent Appearances by: P J. Pardiwala, along-with Harsh Kothari for the appellant Sunil Umap along-with S K Dash for the respondent Date of concluding the hearing : 2/08/2022 Date of pronouncing the order : 30/08/2022 O R D E R Per Pramod Kumar VP: 1. By way of this appeal, the assessee appellant has called into question the correctness of the order dated 3rd June 2022, passed by the learned Commissioner of Income Tax, under section 154 r.w.s. 263 of the Income Tax Act, 1961, for the assessment year 2017-18.

2.

Vide our order of even date, we have quashed the related revision order- which was the subject matter of rectification by the impugned order, and, in that view of the matter, the present appeal is rendered infructuous.

3.

In the result, the appeal is dismissed as infructuous. Pronounced in the open court today on the 30th day of August 2022.

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