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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL
आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of the revision order of Commissioner of Income Tax (Appeals) - 2, Chennai in Revision No. PCIT(Central), Chennai-2/Revision-263, order dated 30.03.2021. The assessment was framed by the ACIT, Central Circle 2(2), Chennai for the assessment year 2016-17 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 29.12.2018.
2 2. At the outset, it is noticed that that this appeal is time barred by 237 days and assessee has filed condonation petition stating the reason that the revision order u/s.263 of the Act dated 30.03.2021 was received on 30.03.2021 itself and appeal against the order was to be filed within 60 days from the date of receipt. However, the appeal was filed only on 21.01.2022 and thereby there is a delay of 237 days. The ld.AR before us stated that this delay is due to pandemic period of Covid 19 and subsequent events and the Hon’ble Supreme Court in in Miscellaneous Application No.665 of 2021 vide order dated 23.03.2020 has given directions that the delay are to be condoned during this period 15.03.2020 to 14.03.2021 and they have condoned the delay up to 28.02.2022 in Miscellaneous Application No.21 of 2022 vide order dated 10.01.2022. Since the Hon’ble Supreme Court has condoned the delay during the said period, respectfully following the same we condone the delay and admit the appeal.
The ld.AR for the assessee drew our attention to the revision order and the grounds raised that the issue is as regard to difference in cash in hand amounting to Rs.2,88,30,605/- and this issue was directed by the PCIT to look into and make assessment order denovo after verifying the difference between closing balance and opening balance of cash in hand. The ld.AR filed copy of assessment order giving effect to the revision order u/s.143(3) r.w.s. 263 of the Act
3 dated 31.03.2022 and stated that the above subject matter was not added by the AO in the order giving effect to the order of revision passed by PCIT u/s.263 of the Act. When Bench pointed out to ld.AR that once there is no addition made by AO in the order giving effect to the revision order passed by PCIT u/s.263 of the Act, the appeal filed against revision order of PCIT becomes academic and infructuous. To this, the ld. Senior DR also argued the same that the appeal filed by assessee has become infructuous.
We have heard rival contentions and noticed that the AO i.e., DCIT, Central Circle 2(2), Investigation Wing, Chennai passed order u/s.143(3) r.w.s. 263 of the Act vide order dated 31.03.2022 and no addition on the above subject was made by AO. Once this is the position, we are not interfering in the order of revision passed by PCIT and the appeal of assessee is dismissed as academic.
In the result, the appeal filed by the assessee is dismissed.