UPS SCS (INDIA) P. LTD.,MUMBAI vs. PR. CIT-3, MUMBAI

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ITA 864/MUM/2021Status: DisposedITAT Mumbai04 May 2022AY 2014-153 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 considered the appeal challenging the Section 263 order to be academic. Since the Assessing Officer's subsequent order resolved the issue in favor of the assessee, the appeal was rendered infructuous.

What were the facts?

The assessee filed an appeal challenging an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263. The Assessing Officer, following the PCIT's directions, accepted the assessee's contentions and made no further disallowances.

What were the issues?

Whether an appeal challenging a Section 263 order is maintainable when the subsequent assessment order resolves the issue in favor of the assessee, rendering the appeal academic.

Which sections of the Income-tax Act were involved?

Section 263,Section 143,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI AMARJIT SINGH & SHRI SANDEEP SINGH KARHAIL

For Appellant: Shri Nitesh Joshi, Advocate
For Respondent: Shri Achal Sharma, CIT–DR

The present appeal has been filed by the assessee challenging the impugned order dated 30th March 2021, passed under section 263 of the Income Tax Act, 1961 (for short "the Act") by the Learned Principal Commissioner of Income Tax, Mumbai, for the assessment year 2014–15.

UPS SCS (India) Pvt. Ltd. ITA No.864/Mum./2021

2.

The only grievance of the assessee in the present appeal is against the order dated 30th March 2021, passed by the learned PCIT under section 263 of the Act.

3.

During the course of hearing, at the outset, Shri Nitesh Joshi, learned counsel appearing for the assessee submitted that the Assessing Officer, pursuant to the directions issued by the learned PCIT vide impugned order passed under section 263 of the Act, accepted the contentions of the assessee and made no further disallowance on the issue on which proceedings under section 263 of the Act were initiated and accordingly passed the order dated 27th March 2022 under section 143 r/w section 263 r/w 144B of the Act. Copy of the said order was furnished by the learned counsel and same was taken on record.

4.

In view of the above, we are of the considered opinion that the present appeal by assessee challenging the order passed by learned PCIT under section 263 of the Act is rendered academic in nature and, therefore, is dismissed as infructuous.

5.

In the result, appeal by the assessee is dismissed. Order pronounced in the open court on 04/05/2022

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