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Facts
The assessee, Muthoot Fincorp Limited, filed an appeal against the order of the CIT(A) for the assessment year 2008-09. The Hon'ble Jurisdictional High Court had already quashed the assessment order in this case.
Held
The Tribunal observed that since the High Court had already quashed the assessment order, the present appeal of the assessee was rendered infructuous. The CIT DR did not raise any objection, and the assessee's AR also confirmed this was mentioned in the grounds of appeal.
Key Issues
Whether the appeal is maintainable when the assessment order has been quashed by the High Court.
Sections Cited
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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: S/SHRI INTURI RAMA RAO & SHRI PRAKASH CHAND YADAV
PER PRAKASH CHAND YADAV, JUDICIAL MEMBER:
The present appeal of the assessee is arising from the order of the ld Commissioner of Income Tax (Appeal) Kochi, dated 27.5.2025 having DIN No. ITBA/APL/S/250/2025-26/107464122 and relates to assessment year 2008-09.
At the outset, we observe that in this case, the Hon’ble Hon'ble Jurisdictional High Court has already quashed the assessment order, which has been adjudicated by the ld CIT(A), Kochi and hence, the present appeal of the assessee is not survived and, therefore, we hereby dismiss the appeal of the assessee as infructuous.
It is also pertinent to note that ld. CIT DR has also not shown any objection. Further the AR of the assessee has also pointed out that this claim has been categorically mentioned in the grounds of appeal filed before the Tribunal.