LINKLATERS LLP,MUMBAI vs. DCIT (IT) 3(1)(2), MUMBAI

By way of this appeal, the assessee-appellant has challenged the correctness of the Assessing Officer’s order dated 11.09.2017, giving effect to a co-ordinate bench’s order dated 31.01.2007, in the matter of assessment under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961, for the assessment year 2011-12.

When this appeal was taken up for hearing, it was noticed that the very co-ordinate bench order, to which effect was given in the impugned proceedings, has been recalled on Assessment Year: 2011-12. Page 2 of 3 12.03.2018. The issues raised in this appeal, therefore, are rendered wholly academic and infructuous.

The learned counsel for the assessee however submits that there are certain issues raised as a result of the set aside proceedings and the dismissal of this appeal should not be taken as having impact on by dismissal of this appeal. The ld. DR submits that these apprehensions are without basis.

We do not think that such apprehensions of the learned counsel are justified. This appeal is dismissed as infructious on account of subsequent developments, and it cannot have any bearing on the merits. Yet, to set the controversy on rest, we take this position to record, and leave it at that.