M/s. Diamonds 'R' US v. Dy. Commissioner of Income-tax, Central Circle-III, Mumbai
[Citation -2016-LL-0928-103]

Citation 2016-LL-0928-103
Appellant Name M/s. Diamonds 'R' US
Respondent Name Dy. Commissioner of Income-tax, Central Circle-III, Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 28/09/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags revision order
Bot Summary: 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) 2 ITA No.2945/ Mum/2013 r.w.s.263 of the Act and had made certain additions. 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. The Tribunal after considering the relevant submissions of the parties has dismissed the appeal of the Revenue vide order dated 25.7.2016 passed in ITA No.3241/Mum/2016. AR 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 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. CIT passed u/s 263 of the Act goes academic and the Tribunal therefore dismissed the appeal of the assessee. The above order was pronounced in the open court on 28th Sept, 2016.


D IN INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND TANEJA, SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER I.T.A. No.2945/Mum/2013 ( Assessment Year : 2008-09) .M/s. Diamonds 'R' US, Dy. Commissioner of Income Tax, 1110, Prasad Chambers, Vs. Central Circle-III, Opera House, Mumbai. Mumbai 400004 (Appellant) .. ( Respondent) PAN/GIR No. : AAAFD4507H Appellant by Shri Anuj Kisnadwala Respondent by Shri K Srivastava Date of Hearing : 28.09.2016 Date of Pronouncement : 28.09.2016 O R D E R Per Sanjay Garg, Judicial Member: Present appeal preferred by assessee is against Revision order passed u/s 263 of Income Tax Act, 1961 by Commissioner of Income Tax, dated 26.3.2013 for assessment year 2008-09. 2. At outset, ld. AR has stated that pursuant to passing of order u/s 263 of Act, AO has passed order u/s 143(3) 2 ITA No.2945/ Mum/2013 r.w.s.263 of Act and had made certain additions. However, in subsequent, appeal filed against said order passed by AO u/s 143(3) r.w.s.263, ld.CIT(A) allowed appeal of assessee and deleted additions so made by AO. Being aggrieved against said order of ld.CIT(A) dated 16.2.2016, Revenue preferred appeal before Tribunal. Tribunal, however, after considering relevant submissions of parties has dismissed appeal of Revenue vide order dated 25.7.2016 passed in ITA No.3241/Mum/2016 (AY-2008-09). ld. AR, therefore, has stated that as on today, since addition made by AO in pursuance to direction given by CIT through impugned order stood deleted, hence, at this stage, issue raised by assessee in this appeal has been rendered academic in nature and will not have any bearing on tax liability of assessee. He, however, has stated that he reserves right to agitate same, in case, revenue succeeds in its further appeal before any higher forum/Hon ble High Court in relation to additions made subsequent to passing of impugned order u/s 263 of Act. He has further relied upon decision of Tribunal in case of assessee in ITA No.2793/Mum/2012(AY-2007-08), order dated 30.10.2015, wherein under similar circumstances, Tribunal has held that issue raised against order of ld. CIT passed u/s 263 of Act goes academic and Tribunal therefore dismissed appeal of assessee. 3 ITA No.2945/ Mum/2013 In view of above, this appeal of assessee is accordingly dismissed having become infructuous at this stage. However, assessee is at liberty to agitate same as and when situation arises for same. 3. In result, appeal filed by assessee is dismissed. above order was pronounced in open court on 28th Sept, 2016. 28 Sepst,2016 ht Sd/- Sd/- Sd/- Sd/- (ASHWANI TANEJA) TANEJA) (SANJAY GARG) GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai: 28 Sept,2016 ht . SRL , Sr. PS Copy of Order forwarded to : Copy 1. Appellant 2. Respondent. 3. CIT(A)- concerned 4. CIT concerned 5. DR, ITAT, Mumbai concerned 6. Guard file. BY ORDER, (Asstt. Registrar) ITAT, Mumbai M/s. Diamonds 'R' US v. Dy. Commissioner of Income-tax, Central Circle-III, Mumbai
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