REGEN RENEWABLE ENERGY GENERATION GLOBAL LIMITED, CYPRUS,CHENNAI vs. DCIT INTERNATIONAL TAXATION 2(1), CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the rate of tax was accepted in the final assessment order, the proceedings under Section 154 became infructuous. Consequently, the appeal filed before the Tribunal also became infructuous.
What were the facts?
The assessee's appeal arose from proceedings initiated under Section 154 of the Income-tax Act concerning the determination of the rate of tax. The Assessing Officer had accepted the returned income and the rate of tax in the final assessment order.
What were the issues?
Whether an appeal arising from a Section 154 proceeding is maintainable when the issue sought to be rectified has been accepted in the final assessment order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI RAMIT KOCHAR
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -16, Chennai, dated 05.04.2018 and pertains to assessment year 2013-14.
When the appeal was taken up for hearing, Sh. B.
Ramakrishnan, the Ld. representative for the assessee, submitted that the returned income was accepted by the Assessing Officer in the final assessment order passed consequent to the direction of the Dispute Resolution Panel. Even the rate of tax, which was objected by application under Section 154 of the Income-tax Act, 1961 (in short 'the Act') was also accepted by the Assessing Officer in the final order. According to the Ld. representative, the present appeal is arising out of the proceeding initiated under Section 154 of the Act in respect of determination of rate of tax. Since the rate of tax is accepted in the final assessment order, according to the Ld. representative, the proceeding initiated under Section 154 of the Act became infructuous. Consequently, the appeal filed before this Tribunal has become infructuous. Hence, the Ld. representative submitted that he was instructed to withdraw the appeal. The Ld. representative has also made endorsement to that effect in the appeal folder.
Dr. M. Srinivasa Rao, the Ld. Departmental Representative, has no objection to dismiss the appeal as withdrawn.
In view of the above, this appeal of the assessee is dismissed as withdrawn.
Order pronounced in the court open on 4th November, 2019 at Chennai.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- Vandemataram Projects Private Limited vs. Raipur Development AuthorityChhattisgarh · 27 Oct 2026
- M/S Surya Prakash Aroma vs. State Of Uttar Pradesh And 2 OthersAllahabad · 27 Oct 2026
- Mrs. Aqsa Begum vs. Union Of INDIATelangana · 27 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026
- M/S. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026