RITU HOUSING PVT. LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-15(2), KOLKATA

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ITA 937/KOL/2019Status: HeardITAT Kolkata11 May 2022AY 2014-152 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 assessment order passed after the revisionary proceedings did not make any additions. Therefore, the appeal filed by the assessee was rendered infructuous.

What were the facts?

The assessee appealed against a revisional order passed by the Principal CIT under Section 263. The assessment in the set-aside proceedings was framed under Section 143(3) r.w.s. 263, and no additions were made by the Assessing Officer.

What were the issues?

Whether the appeal is infructuous due to the subsequent assessment order not making any additions as proposed in the revisionary order.

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, “C” BENCH: KOLKATA

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Hearing: 10.05.2022Pronounced: 11.05.2022

ORDER

Per Shri Rajesh Kumar, AM:

1.

This is an appeal preferred by the assessee against the revisional order of Ld. Pr. CIT, Kolkata-1 dated 28.03.2019 for AY 2014-15 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”).

2.

Main grievance of the assessee is against the action of the Ld. Pr. CIT, Kolkata-1 to have invoked the jurisdiction u/s. 263 of the Act which according to assessee is unwarranted and is bad in law.

3.

At the outset the Ld. AR for the assessee submitted that the assessment in the set aside proceedings has been framed u/s 143(3) r.w.s. 263 of the Act vide order dated 13.12.2019 and the issues on which the ld. PCIT has revised and set aside were examined in details by the AO and no additions were made. The ld AR also placed before the bench the copy of the assessment order as referred to above and requested the bench to allow the withdrawal of the appeal. The ld DR also candidly agreed that the assessment has already been framed and no additions were made by the AO.

Ritu Housing Pvt. Ltd. 4. We have perused the assessment order dated 13.12.2019 passed u/s 143(3) r.w.s. 263 of the Act by the AO and find that no additions were made as proposed by the ld. PCIT in the revisionary order passed u/s 263 of the Act. Accordingly the appeal of the assessee is dismissed as infructuous.

5.

In the result, the appeal of assessee is dismissed.

Order is pronounced in the open court on 11th May, 2022

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