PHILIPS INDIA LIMITED (EARLIER KNOWN AS PHILIPS ELECTRONICS INDIA LIMITED),KOLKATA vs. PRINCIPAL CIT - 4, KOLKATA, KOLKATA

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ITA 1318/KOL/2018Status: DisposedITAT Kolkata22 October 2020AY 2011-122 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 Assessing Officer made no additions in the consequential order. Therefore, the assessee withdrew the appeal as it was considered an academic exercise.

What were the facts?

The assessee filed an appeal against an order passed by the Pr. Commissioner of Income Tax under Section 263 of the Income Tax Act. The Assessing Officer, in the consequential order, made no additions to the assessee's income.

What were the issues?

Whether an appeal against a Section 263 order is maintainable when the consequential assessment order results in no additions.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy, Hon’ble & Sri S.S. Godara, Hon’ble

order : October 22nd, 2020 ORDER Per J. Sudhakar Reddy, AM :- This appeals filed by the assessee is directed against the order of the Learned Pr. Commissioner of Income Tax – 4, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 263 of the Income Tax Act, 1961 (the ‘Act’), dt. 26/03/2018, for the Assessment Year 2011-12.

2.

The ld. Counsel for the assessee submitted that the Assessing Officer, in the consequential order passed u/s 143(3) r.w.s. 263 of the Act, has not made any addition/s and the assessee, under such circumstances, chooses to withdraw the appeal as it would be an academic exercise. The ld. D/R raised no objection. Accordingly, the appeal of the assessee is dismissed as withdrawn.

3.

In the result, appeal of the assessee is dismissed.

1.

Kolkata, the 22nd day of October, 2020. Sd/- Sd/- [J. Sudhakar Reddy] [S. S. Godara] Judicial Member Accountant Member Dated : 22.10.2020 {SC SPS}

Assessment Year: 2011-12 Philips India Limited Copy of the order forwarded to: 1. Philips India Limited [Earlier known as Philips Electronics India Limited] [Earlier known as Philips Electronics India Limited] 3rd Floor Tower-A, DLF IT Park 08 Block AF, Major Arterial Road Block AF, Major Arterial Road New Town (Rajarhat) Kolkata – 700 156

2. Pr. Commissioner of Income Tax Pr. Commissioner of Income Tax -4, Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.

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