HEIDRICK & STRUGGLES SINGAPORE PTE LTD.,GURGAON vs. DCIT, CPC, BANGLORE

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ITA 434/DEL/2020Status: DisposedITAT Delhi12 June 2020AY 2018-192 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 CPC rectified the mistake subsequent to the appeal filing. Consequently, the grievance stated in the appeal no longer survived.

What were the facts?

The assessee filed an appeal against a demand raised after processing under Section 143(1). The assessee also filed a rectification application with the CPC for the same mistake.

What were the issues?

Whether an appeal becomes infructuous if the issue is rectified by the processing authority after the appeal is filed.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH FRIDAY NEW DELHI

Before: SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Rishabh Malhotra, CA

PER G.S. PANNU, VICE PRESIDENT

1.

The captioned appeal was filed by the assessee against the order of the CITI(A) dated 27th November, 2019 aggrieved with the demand raised as a consequence of processing carried out under Section 143(1) of the Income-tax Act, 1961 done by the Central Processing Centre vide order dated 13th June, 2019 pertaining to assessment year 2018-19.

2.

It has been explained by the learned representative that apart from contesting the grievance in appeal before the Tribunal, the assessee had also filed a rectification application under Section 154 of the Act with the CPC for rectification of a mistake which has resulted in the impugned demand. Subsequent to the filing of the appeal, it is submitted before us that vide order dated 19th September, 2019, the ITA 434/Del/2020 Assessment year 2018-19 CPC has rectified the mistake and, as a consequence thereof, the grievance stated in the captioned appeal no longer survives.

3.

The aforesaid factual matrix is not disputed; and, accordingly, the learned counsel is quite justified in stating that the instant appeal has become infructuous.

4.

In view of the aforesaid discussion, the captioned appeal of the assessee is dismissed as infructuous.

5.

Statistically, the appeal of the assessee is treated as dismissed.

Above decision was dictated and pronounced in the Court in the presence of both the parties at the conclusion of the Virtual Hearing on 12th June, 2020.

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