DIAMONDS 'R' US,MUMBAI vs. CIT CEN -III, MUMBAI

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ITA 2945/MUM/2013Status: DisposedITAT Mumbai28 September 2016AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the additions made by the AO in pursuance to the CIT's direction stood deleted, the issue raised in the assessee's appeal had become academic and infructuous.

What were the facts?

The assessee's appeal was against a revision order passed by the CIT under Section 263. Subsequently, the additions made by the AO pursuant to the CIT's direction were deleted by the CIT(A), and the Revenue's appeal against this deletion was dismissed by the Tribunal.

What were the issues?

Whether an appeal against a Section 263 order is maintainable when subsequent proceedings have rendered the issue academic.

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, “D

Before: SHRI SHRI SANJAY GARG, SHRI SANJAY GARG & SHRI ASHWANI TANEJA SHRI SHRI ASHWANI TANEJA, , ,

Hearing: 28.09.2016Pronounced: 28.09.2016

O R D E R

आदेश / O R D E R आदेश आदेश / O R D E R / O R D E R

Per Sanjay Garg, Judicial Member:

1.

The Present appeal preferred by the assessee is against the Revision order passed u/s 263 of the Income Tax Act, 1961 by the Commissioner of Income Tax, dated 26.3.2013 for the assessment year 2008-09.

2.

At the outset, the ld. AR has stated that pursuant to the passing of the order u/s 263 of the Act, the AO has passed order u/s 143(3) r.w.s.263 of the Act and had made certain additions. However, in subsequent, appeal filed against the said order passed by the AO u/s 143(3) r.w.s.263, the ld.CIT(A) allowed the appeal of the assessee and deleted the additions so made by the AO. Being aggrieved against the said order of the ld.CIT(A) dated 16.2.2016, the Revenue preferred the appeal before the Tribunal. The Tribunal, however, after considering the relevant submissions of the parties has dismissed the appeal of the Revenue vide order dated 25.7.2016 passed in (AY-2008-09). The ld. AR, therefore, has stated that as on today, since the addition made by the AO in pursuance to the direction given by the CIT through impugned order stood deleted, hence, at this stage, the issue raised by the assessee in this appeal has been rendered academic in nature and will not have any bearing on the tax liability of the assessee.

He, however, has stated that he reserves right to agitate the same, in case, the revenue succeeds in its further appeal before any higher forum/Hon’ble High Court in relation to the additions made subsequent to the passing of the impugned order u/s 263 of the Act. He has further relied upon the decision of the Tribunal in the case of assessee’ in order dated 30.10.2015, wherein under similar circumstances, the Tribunal has held that issue raised against the order of ld. CIT passed u/s 263 of the Act goes academic and the Tribunal therefore dismissed the appeal of the assessee.

In view of the above, this appeal of the assessee is accordingly dismissed having become infructuous at this stage. However, assessee is at liberty to agitate the same as and when situation arises for same.

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