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Facts
The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee's AR brought to the Tribunal's attention an earlier order passed by the PCIT under section 263 of the Act. This order directed the Assessing Officer to re-examine certain issues.
Held
The Tribunal noted that the PCIT's order under section 263 had directed a fresh examination of the matter. Considering this development and the submission of the assessee's AR, the Tribunal concluded that the present appeal had become infructuous.
Key Issues
Whether the appeal is infructuous in view of the subsequent order passed by the PCIT under section 263 of the Act.
Sections Cited
250, 263
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Income Tax Appellate Tribunal, “D” BENCH KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey
order
: January 21, 2026 ORDER
Per Pradip Kumar Choubey, Judicial Member:
This appeal filed by the assessee is directed against the order dated 30.06.2025 of the CIT(A)-21, Kolkata (hereinafter referred to as the “CIT(A)”) passed u/s 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2012–13.
At the outset, the ld. AR drew our attention to the order passed u/s 263 of the Act dated 13.06.2016, whereby the ld. PCIT-4, Kolkata has directed the Assessing Officer to examine the credits appearing in the books of assessee as share capital including premium and nature of transactions, identity of investor and its genuineness after providing sufficient opportunity of being heard to the assessee. The ld. AR therefore submits that the present appeal becomes infructuous in view of the order passed u/s 263 by the ld. PCIT dated 13.06.2016.
M/s Truthful Vintrade Pvt. Ltd 3. We have perused the materials on record and find that the ld. PCIT-4, Kolkata has passed an order u/s 263 of the Act dated 13.06.2016 directing the Assessing Officer to reexamine the matter afresh. We, after considering the submission of the ld. AR, dismiss the present appeal as become infructuous,
In the result, the appeal of the assessee is dismissed.
Kolkata, the 21st January, 2026.