THE COCHIN MALABAR ESTATES & INDUSTRIES LTD,COIMBATORE vs. THE ITO,WD-2(4), KOCHI

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ITA 173/COCH/2019Status: DisposedITAT Cochin24 February 2022AY 2014-152 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 reassessment order, which was a consequence of the Section 263 order, is now under appeal before the CIT(A). Therefore, the original appeal against the Section 263 order has become infructuous.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income Tax under Section 263. A reassessment order was passed subsequently, and an appeal against that reassessment is pending before the CIT(A).

What were the issues?

Whether an appeal against a Section 263 order becomes infructuous when a subsequent reassessment order, arising from it, is itself under appeal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri George Mathan, JM & Shri Ramit Kochar, AM

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Hearing: 24.02.2022Pronounced: 24.02.2022

This is an appeal filed by the assessee against the order under Section 263 of the Income Tax Act, 1961 passed by the Principal Commissioner of Income Tax, Kochi-1 dated 22.01.2019 for AY 2014-15.

2.

At the time of hearing the assessee has filed a letter stating that the present appeal was filed against the order of the Pr.CIT, Kochi passed under Section 263 of the Act. The reassessment, consequent to the above order, was completed by the AO vide order dated 31.12.2019, against with the assessee has filed appeal before CIT(A), which is pending for disposal.

In view of the above reason the order under Section 263 of the Act become infructuous and therefore the assessee wishes to withdraw the appeal.

2 The Cochin Malabar Estates & Industries Ltd. Considering the request of the assessee the appeal filed by the assessee stands dismissed as withdrawn.

3.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Dictated and pronounced in the open Court on 24th February, 2022.

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