CESC LTD.,KOLKATA vs. DCIT, CIR-6(1), KOLKATA, KOLKATA
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 the time limit for the AO to complete the fresh assessment had expired without any such order being passed or even a notice being issued. Consequently, the appeal became infructuous.
What were the facts?
The assessee's appeal was against an order passed by the Principal CIT under section 263. The Assessing Officer (AO) was required to complete a fresh assessment within a specific time limit after receiving the section 263 order.
What were the issues?
Whether the appeal against a section 263 order is infructuous if the subsequent assessment proceedings are not completed within the prescribed time limit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH ‘A’, KOLKATA
Before: Shri P.M. Jagtap, AM & Shri S.S. Viswanethra Ravi, JM]
order
: November 10, 2017 ORDER
Per P.M. Jagtap, AM
This appeal filed by the assessee is directed against the order of Principal CIT – 2, Kolkata dated 27.03.2015 passed under section 263 of the Income Tax Act, 1961.
We have heard both the sides and also perused the material available on record. As submitted by the learned counsel for the assessee at the outset, the time limit for completion of fresh assessment by the A.O. in pursuance of impugned order passed by the Ld. CIT under section 263 was 12 months from the end of the financial year in which order under section 263 was received by him 2 Assessment Year: 2010-11 CESC Limited as per the specific provision contained in section 153. He has submitted that the impugned order passed by the Ld. CIT under section 263 on 27.03.2015 was received by the A.O. in the F.Y. 2015- 16 and the time limit for passing the fresh order in pursuance thereof is already expired on 31.03.2017. He has submitted the assessee however has not received any fresh assessment order from the A.O. nor even a notice initiating fresh assessment proceedings in pursuance of the order passed by the Ld. CIT under section 263. He has contended that the Assessing Officer thus appears to have failed to pass an order of fresh assessment in pursuance of the impugned order passed under section 263 in the time limit prescribed in section 153 and consequently this appeal filed by the assessee against the order passed by the A.O. under section 263 has virtually become infructuous. In reply to a query raised by the bench in this regard, the Ld. CIT DR has submitted that he is not aware as to whether any order of fresh assessment has been passed by the A.O. in pursuance of the impugned order passed by the Ld. CIT under section 263 within the time limit prescribed in section 153. Keeping in view the submissions made by the learned representatives of both the sides, we treat this appeal filed by the assessee as infrustuous and dismiss the same accordingly. We however give liberty to the assessee to seek revival of this appeal if he comes to know subsequently about any order of fresh assessment passed by the Ld. CIT in pursuance of the impugned order passed by the A.O. under section 263, if it is so advised.
More judgments on Section 263
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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