TATTVAGYAN VIDYAPEETH, MUMBAI V. CIT (EXEMP), CIR -2, MUMBAI

ITA 2322/MUM/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8294 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2016-2017
• Appeal Filed On: 09-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Period of limitation
• Section: 263; 143(3)

Judgement Text

आयकर य कर म ु ंबई ठ “ ई ” क , य यक य ए ं एम ब ग ेश, ेख क र य के म" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M. BALAGANESH, ACCOUNTANT MEMBER आ ं. 2322/म ु ं/20 21( ). . 2016-17) ITA NO. 2322/MUM/2021(A.Y.2016-17) TATTVAGYAN VIDYAPEETH, 2 Nirmal Niketan Dr. Bhajekar Street, Prathan Samaj, Mumbai 400 004. PAN: AAATT-0261-E ...... + /Appellant ब) म Vs. CIT(Exemption), Circle 2, Mumbai. ..... , - /Respondent + . र / Appellant by : Shri Vishal D. Shah , - . र /Respondent by : Shri Prakash R. Mane ु ) ई क/ - / Date of hearing : 12/07/2022 012 क/ - / Date of pronouncement : 12/07/2022 आदेश/ ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Exemption) Mumbai [ in short ‘the CIT(E)] dated 22/03/2021 for the Assessment Year 2016-17 passed u/s. 263 of the Income Tax Act, 1961 [in short ‘the Act’]. 2. The appeal is time barred by 203 days. The assessee has filed an application explaining reasons for delay in filing of the appeal. The delay in filing of appeal is attributed to COVID-19 Pandemic. Taking in to consideration the hardship caused to the litigants in the extra ordinary circumstances, the Hon'ble Supreme Court of India 2 ITA NO. 2322/MUM/2021(A.Y.2016-17) taking suo-motu Cognizance for Extension of Limitation reported as 132 taxamann.com 123 extended the period of limitation under General Laws of Limitation and Special Laws. The present appeal has been filed by the assessee within the extended period of limitations, hence, no delay in filing of appeal. 3. Shri Vishal D. Shah appearing on behalf of the assessee submitted at the outset that the Assessing Officer has passed assessment order consequent to the order of CIT(E) u/s.263 of the Act. The Assessing Officer has not made any addition, hence, the present appeal has become academic. The ld. Authorized Representative for the assessee furnished copy of the assessment order dated 10/03/2022 passed u/s. 143(3) r.w.s.263 r.w.s. 144B of the Act. 4. Shri Prakash R. Mane representing the Department endorsed the statement made by ld. Authorized Representative for the assessee. 5. Both sides heard. The assessee in appeal has assailed the order passed u/s. 263 of the Act on merit of the issues raised in revision proceedings. The assessee has placed on record copy of the assessment order dated 10/03/2022 (supra) passed consequent to the revision order u/s. 263 of the Act. Since, no addition has been made by the Assessing Officer while giving effect to the order passed u/s. 263 of the Act, the present appeal filed by assessee has become infructuous. Hence, the appeal by assessee is dismissed as such. Order pronounced in the open court on Tuesday the 12 th day of July, 2022. Sd/- Sd/- ( M. BALAGANESH ) (VIKAS AWASTHY) ेख क र य/ACCOUNTANT MEMBER य यक य/JUDICIAL MEMBER म ु ंबई/ Mumbai, 4 ) ंक/Dated 12/07/2022 Vm, Sr. PS(O/S) 3 ITA NO. 2322/MUM/2021(A.Y.2016-17) े Copy of the Order forwarded to : 1. +/The Appellant , 2. , - / The Respondent. 3. आयकर आय ु 5-( )/ The CIT(A)- 4. आयकर आय ु 5- CIT 5. 6 ग य , - ) , आय. . ., म ु बंई/DR, ITAT, Mumbai 6. ग 89 : ; /Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) / Sr.Private Secretary ITAT, Mumbai