SONY PICTURES NETWORKS INDIA P. LTD. (AS SUCESSOR TO MSM DISCOVERY P. LTD.),MUMBAI vs. PR. CIT, CENTRAL-2, MUMBAI

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ITA 164/MUM/2021Status: DisposedITAT Mumbai04 October 2021AY 2013-143 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 assessee sought to withdraw the appeal as they received the desired relief in the proceedings giving effect to the section 263 order. The tribunal accepted the withdrawal request.

What were the facts?

The assessee filed an appeal against a revision order passed by the Principal Commissioner of Income Tax under section 263. During fresh assessment proceedings, the Assessing Officer accepted the assessee's submissions, leading to no additions to the total income.

What were the issues?

Whether the appeal is maintainable when the assessee has obtained the desired relief in subsequent proceedings, rendering the original grievance moot.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESH

For Appellant: Shri Ritesh Thakkar
For Respondent: Shri Prabhat Gupta
Hearing: 04/10/2021Pronounced: 04/10/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2013-14 preferred by the order against the revision order of the ld. Principal Commissioner of Income Tax-2, Mumbai u/s.263 of the Act dated 16/03/2020 for the A.Y.2013-14.

M/s. Sony Pictures Networks India Private Limited (as a successor to MSM Discovery Private Limited)

2.

Assessee has filed a letter dated 01/10/2021 before us seeking withdrawal of the appeal as the assessee got the desired relief in the giving effect proceedings to Section 263 order. The impugned appeal is against the 263 order passed by the ld. PCIT. The contents of the withdrawal letter dated 01/10/2021 are as under:-

“We refer to the captioned appeal filed by the Company and the hearing scheduled before Your Honors in respect of the same on 4 October 2021. In this connection, on behalf of and under the instructions of our client, SPNI, we wish to submit as under: The above appeal has been preferred before Your Honors against Order passed by the learned Principal Commissioner of Income-tax, Central - 2 ('PCIT') under section 263 of the Income-tax Act, 1961 ('the Act') dated 16 March 2020. The learned PCIT vide such Order had held that final assessment order passed by the learned Assessing Officer ('AO) dated 23 October 2017 is erroneous and prejudicial to the interest of the revenue and set-aside the order of AO to examine few issues afresh. Subsequently, during the fresh assessment proceedings, the assessee filed various submissions along with documentary evidences before the learned AO with respect to the issues set-aside by the learned PCIT to establish that there was no infirmity in the final Assessment Order passed by the learned AO dated 23 October 2017. Based thereon, the learned AO passed an Order under section 143(3) r.w.s. 263 of the Act dated 21 September 2021 accepting the above submissions made by the assessee and has not made any additions to the total income as determined in the final Assessment Order dated 23 October 2017 (Copy of the order is enclosed herewith as Annexure 1). In view of the above, as there is no grievance arising to the assessee pursuant to the fresh assessment proceedings, the assessee wishes to withdraw the appeal challenging the jurisdiction of the learned PCIT for passing an order under section 263 of the Act. We request Your Honors to kindly take the above on record and oblige.”

3.

In view of the above, the appeal of the assessee is dismissed as withdrawn.

M/s. Sony Pictures Networks India Private Limited (as a successor to MSM Discovery Private Limited)

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 04/10/2021.

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