UPS SCS (INDIA) P. LTD.,MUMBAI vs. PR. CIT-3, MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI AMARJIT SINGH & SHRI SANDEEP SINGH KARHAIL
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
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.
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.
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.
In the result, appeal by the assessee is dismissed. Order pronounced in the open court on 04/05/2022
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026