HERALD PUBLICATIONS PVT. LTD.,PANAJI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1 (1), PANAJI

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ITA 26/PAN/2022Status: DisposedITAT Panaji05 October 2023Bench: SHRI R.S. SYAL (Vice President), SHRI S.S. VISWANETHRA RAVI (Judicial Member)3 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 CIT(A) allowed relief to the assessee on account of bogus purchases and unaccounted cash payments. Consequently, the assessee's appeal became infructuous and did not require further adjudication.

What were the facts?

The assessee appealed an order related to assessment year 1990-91. The Assessing Officer (AO) had initially given relief on bogus purchases and unaccounted cash payments, but later rectified the order under Section 154, cancelling this relief.

What were the issues?

Whether the CIT(A) was justified in confirming the AO's order under Section 154, and whether the assessee's appeal was rendered infructuous by the CIT(A)'s subsequent relief.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri D.E. Robinson
For Respondent: Shri N. Shrikanth

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 18-02-2022 passed by the Commissioner of Income Tax (Appeals)-2, Panaji [‘CIT(A)’] for assessment year 1990-91.

2.

The assessee raised four grounds of appeal amongst which the only issue emanates for our consideration is to whether the CIT(A) justified in confirming the order passed by the AO u/s. 154 of the Act in the facts and circumstances of the case.

3. We note that the Co-ordinate Bench of this Tribunal vide its order dated 22-02-2007 remanded two issues in respect of bogus purchases and unaccounted cash payments to the file of CIT(A) to pass fresh order, in accordance with law which is at page 5 of the paper book filed by the assessee. Meanwhile, the AO given effect to the ITAT order vide order dated 20-09-2007. Thereafter, the assessment order was rectified u/s. 154 of the Act, wherein, the AO cancelled the relief given on account of bogus purchases and unaccounted cash payment to an extent of Rs.37,19,339/-. The ld. DR drew our attention to the order of CIT(A) at page 15 of the paper book and argued the present appeal filed by the assessee becomes infructuous, wherein, the CIT(A) allowed relief to the assessee on account of bogus purchases and un accounted cash payment. On perusal of the order, we note that the CIT(A) had given relief by deleting the addition made on account of bogus purchases and unaccounted cash payment. In view of the same, the present appeal filed by the assessee becomes infructuous requiring no adjudication.

4.

In the result, the appeal of assessee is dismissed as infructuous.

Order pronounced in the open court on 05th October, 2023.

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