M/S ARCL ORGANICS LTD.,KOLKATA vs. PCIT-3, KOLKATA, KOLKATA

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ITA 775/KOL/2017Status: DisposedITAT Kolkata14 March 2018AY 2012-132 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 against the section 263 order had become infructuous as a fresh assessment was completed without any changes. Since the Revenue did not object, the appeal was dismissed.

What were the facts?

The assessee appealed against an order passed by the Principal CIT under section 263, which set aside the original assessment order. The Assessing Officer subsequently completed a fresh assessment under section 143(3)/263, determining the total income at the same figure as the original assessment without any further additions.

What were the issues?

Whether an appeal against a section 263 order is rendered infructuous if a subsequent assessment under section 143(3)/263 results in no change to the assessed income.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, AM & Shri Aby. T. Varkey, JM]

order

: March 14, 2018 ORDER

Per P.M. Jagtap, AM

1.

This appeal filed by the assessee is directed against the order of Ld. Pr. CIT – 3, Kolkata dated 14.03.2017 passed under section 263 of the Income Tax Act, 1961 whereby he set aside the order passed by the A.O. under section 143(3) dated 20.02.2015 with the direction to the A.O. to pass a fresh assessment order considering the observations recorded by him.

2.

At the time of hearing before the Tribunal, the learned counsel for the assessee has submitted that the Assessing Officer has already completed a fresh assessment in pursuance of the impugned order passed by the Ld. CIT(A) under section 263 and in the assessment so completed under section 143(3) / 263 vide an order dated

Assessment Year: 2012-13 M/s. ARCL Organics Ltd. 30.12.2017, he has determined the total income of the assessee at the same figure of Rs. 31,11,050/- as assessed originally without making any further addition. He has contended that this appeal filed by the assessee against the order of the Ld. CIT(A) passed under section 263 thus has become infructuous and is liable to be dismissed accordingly. Since the learned DR as not raised any objection in this regard, we dismiss this appeal filed by the assessee by treating the same as infructuous.

3.

In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 14th March, 2018.

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