KHUSHI DISTRIBUTERS (P) LTD.,KOLKATA vs. ITO, WARD-4(4), KOLKATA, KOLAKTA

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ITA 417/KOL/2020Status: DisposedITAT Kolkata28 April 2022AY 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 had no further grievance as the de novo assessment was decided in their favor. Consequently, the appeal filed by the assessee was considered infructuous.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act, which directed a de novo assessment. During the de novo assessment, the issues were decided in favor of the assessee.

What were the issues?

Whether the appeal against the PCIT's order under Section 263 has become infructuous due to favorable outcome in the de novo assessment.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: Shri Sanjay Garg & Shri Girish Agrawal

order

: April 28, 2022 ORDER

Per Sanjay Garg, Judicial Member:

1.

The present appeal has been preferred by the assessee against the order dated 11.05.2020 of the Principal Commissioner of Income Tax-2, Kolkata [hereinafter referred to as ‘PCIT’] passed u/s 263 of the Income Tax Act (hereinafter referred to as the ‘Act’) whereby directing the Assessing Officer for de novo assessment.

2.

At the outset, the ld. Counsel for the assessee has submitted that in the de novo assessment the relevant issues have been decided in favour of the assessee and therefore, the assessee has not left with any grievance against the aforesaid order u/s 263 of the Act. He, therefore, has stated that the appeal of the assessee having become infructuous may be disposed off accordingly. In view of this, the appeal of the assessee is dismissed as not pressed. 3. In the result, the appeal of the assessee stands dismissed. Kolkata, the 28th April, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member

Assessment Year: 2010-11 Khushi Distributors Pvt. Ltd Dated: 28.04.2022. RS Copy of the order forwarded to: 1. Khushi Distributors Pvt. Ltd 2. ITO, Ward-4(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR),

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