NATURE AND WASTE MANAGEMENT INDIA PVT. LTD.,KOLKATA vs. CIT, KOL - 4, KOLKATA, KOLKATA

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ITA 754/KOL/2018Status: DisposedITAT Kolkata13 February 2019AY 2013-142 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 assessee's appeal challenging the CIT's Section 263 order had become infructuous. The Revenue did not dispute these developments.

What were the facts?

The assessee filed an appeal against the CIT's order passed under Section 263 of the Income Tax Act. Subsequently, the Assessing Officer's consequential assessment order did not make any disallowance or addition as per the revision directions.

What were the issues?

Whether an appeal against a Section 263 order is rendered infructuous if the consequential assessment leads to no adverse findings for the assessee.

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 BENCH “C” KOLKATA

Before: Shri S.S.Godara & Dr. A.L. Saini

आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2013-14 arises against the Commissioner of Income Tax-4, Kolkata’s order dated 15.03.2018 passed in No.PCIT-4/Kol/C-11(1)/Kol/263/2017-18/10965, involving proceedings u/s 263 of the Income Tax Act, 1961; in short ‘the Act’.

2.

Learned counsel representing assessee submit at the outset that its instant appeal challenging correction of CIT’s sec. 263’s order has been rendered infructuous since the Assessing Officer’s consequential assessment has not made any disallowance / addition as per revision directions. He places Nature & Waste Management India P Ltd. Vs. CIT-Kol-4 Page 2 on record the consequential assessment order dated 26.12.2018 to this effect. The Revenue is fair enough in not disputing all these intervening developments.

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