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Facts
Three appeals were filed against the orders of the CIT for AY 2018-19. The assessees claimed that the AO did not make any additions while giving effect to these orders, hence they had no grievances. However, they apprehended a second exercise under Section 263 of the Act.
Held
The Tribunal noted that the assessees substantially had no grievance at present. However, they were given liberty to revive the appeals if the Department proposed to take action under Section 263 again.
Key Issues
Whether the appeals can be dismissed when assessees have no present grievance but apprehend future action, with liberty to revive if action is taken.
Sections Cited
263, 254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI MANOJ KUMAR AGGARWAL
The present three appeals are directed against the separate orders of ld. Commissioner of Income Tax [in short ‘the CIT’ ] dated 22.02.2023, passed for assessment year 2018-19, in the respective case of these assessees.
The ld. Counsel for the assessee, at the very outset submitted that while giving effect to these orders, ld. AO did not make any additions, hence at present assessees are not having any grievances, however, assessees have apprehension that the Department may undertake a second exercise under Section 263 of the Act because Internal Audit Team has raised objection on the consequential orders of the AO passed in pursuance of 263 orders.
Since at present, substantially assessee has no grievance, but in case Department propose to take action under Section 263 of the Act again and issues a Show Cause Notice upon the appellant, then assessees will be at liberty to get these appeals revived by moving an application under ,207 & 208/CHD/2023 A.Y.2018-19 3 Section 254(2) of the Income Tax Act. Subject to the above, all these three appeals are dismissed.
Order pronounced on 03.04.2025.