M/S. H.M.G. BULK CARRIER,MEERUT vs. CIT, MEERUT

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ITA 2030/DEL/2012Status: DisposedITAT Delhi24 September 2015AY 2007-083 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 subsequent order of the CIT(A) rendered the present appeal infructuous. Since the assessee did not wish to pursue the matter further, the appeal was dismissed.

What were the facts?

The assessee filed an appeal against an order passed by the CIT(A) under Section 263 of the Income-tax Act. Subsequently, the CIT(A) passed another order which decided all issues in favor of the assessee.

What were the issues?

Whether the appeal challenging the invocation of Section 263 has become infructuous due to a subsequent favorable order from the CIT(A).

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, DELHI BENCH: ‘C’ : NEW DELHI

Before: SHRI S.V. MEHROTRASHRI CHANDRA MOHAN GARG

For Appellant: Shri Sandeep Sapra, Adv
Hearing: 23.09.2015Pronounced: 24.09.2015

PER CHANDRA MOHAN GARG, JUDICIAL MEMBER

1.

This appeal by the assessee has been filed against the order of the CIT(A), Meerut dated 3.2.2012 passed u/s 263 of the Income-tax Act 1961 [for short, ‘the Act’] for AY 2007-08.

2.

At the very outset, the ld. Counsel for the assessee submitted a copy of the order of the CIT(A), Meerut dated 8.5.2015 and submitted that the present appeal has become infructuous in view of the order of the CIT(A) [supra] wherein all the issues raised by the assessee against the assessment order passed u/s 143(3) r.w.s 263 of the Act have been decided in favour of the assessee.

3.

The ld. DR fairly and candidly accepted that the appeal of the assessee against reassessment order passed in pursuant to order u/s 263 of the Act has been allowed in favour of the assessee.

4.

In view of the above submissions of both the sides, we are of the considered opinion that the appeal challenging the invocation of provisions of section 263 of the Act have become infructuous and since the assessee is not willing to agitate the issue any further, the present appeal having become infructuous, stands dismissed.

5.

In the result, the appeal of the assessee is dismissed as having become infructuous. The decision is pronounced in the open court on 24.09.2015.

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