M/S. OSCAR INVESTMENT LTD.,NEW DELHI vs. PR. CIT VII, NEW DELHI

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ITA 3255/DEL/2015Status: DisposedITAT Delhi16 December 2020AY 2010-112 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 noted that the assessee was no longer aggrieved due to the deletion of additions by the CIT(A). Therefore, the appeal was dismissed as infructuous.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income-tax under Section 263. The additions made in the consequential assessment order were subsequently deleted by the CIT(A).

What were the issues?

Whether the appeal is maintainable when the consequential additions have been deleted by the CIT(A), rendering the appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C’, NEW DELHI

Before: SHRI AMIT SHUKLA & BEFORE SHRI O.P. KANT

For Appellant: Shri Tarandeep Singh, Adv
For Respondent: Shri F.R. Meena, Sr.DR
Hearing: 16.12.2020Pronounced: 16.12.2020

ORDER PER O.P. KANT, AM:

This appeal by the assessee is directed against order dated 25/03/2015 passed by the learned Principal Commissioner of Income-tax, Delhi-VII, New Delhi [in short ‘the Ld. PCIT’] for assessment year 2010-11 in terms of section 263 of Income-tax Act, 1961 (in short ‘the Act’). 2. At the outset, before us the learned counsel of the assessee submitted that additions made in the assessment order passed in consequence to 263 order, have been deleted by the learned Commissioner of Income-tax (Appeals) and therefore, the assessee is no longer aggrieved with the impugned order and thus appeal may be dismissed as infructuous. The learned counsel of the assessee filed a copy of the relevant consequential assessment order and the order of the Ld. CIT(A).

3.

On the contrary, the learned DR did not object to not pressing of appeal by the assessee.

4.

We have heard rival submission of the parties through Video Conferencing and perused the relevant material on record. As the assessee is not interested in pursuing the appeal in view of the alternative relief in consequential assessment and appellate proceeding, accordingly we dismiss the present appeal as infructuous.

5.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 16th December, 2020.

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