Facts of the Case
The
assessee, Shramik Vidyapeeth, Ranchi, filed an appeal against the order dated
14.02.2025 passed by the Additional/Joint Commissioner of Income Tax (Appeals),
Thiruvananthapuram for Assessment Year 2013-14. During the pendency of the
appeal, the assessee filed a letter dated 08.05.2025 before the Tribunal explaining
that the Assessing Officer had passed a rectification order under Section 154
of the Income-tax Act granting the requisite relief. The rectification order
corrected errors in the intimation processed earlier and recomputed income and
tax liability accordingly.
Issues Involved
Whether
the appeal before the Tribunal survives once the assessee has already obtained
complete relief through a rectification order under Section 154 of the
Income-tax Act, and whether the appellate proceedings become infructuous in
such circumstances.
Petitioner’s Arguments
The
assessee submitted that subsequent to filing of the appeal, the Assessing
Officer had passed an order under Section 154 rectifying the mistakes in the
original assessment and granting full relief to the assessee. It was contended
that as the grievance raised in the appeal stood fully redressed, the appeal no
longer survived.
Respondent’s Arguments
The
Revenue relied on the rectification order passed by the Assessing Officer and
supported dismissal of the appeal as infructuous.
Court Order / Findings
The ITAT
Ranchi observed that the assessee had obtained the requisite relief through the
rectification order passed by the Assessing Officer under Section 154 of the
Act. The Tribunal held that once the relief sought by the assessee had already
been granted, the order of the appellate authority no longer survived.
Consequently, the appeal filed by the assessee was rendered infructuous and
liable to be dismissed.
Important Clarification
The
Tribunal clarified that where the Assessing Officer grants complete relief by
passing a rectification order under Section 154, any pending appeal on the same
issue becomes infructuous, as there remains no subsisting cause of action for
adjudication.
Final Outcome
The
appeal filed by the assessee was dismissed as infructuous, as the assessee had
already obtained full relief through the rectification order passed under
Section 154 of the Income-tax Act.
Link to Download Order- https://www.mytaxexpert.co.in/uploads/1769080704_SHRAMIKVIDYAPEETHRANCHIVS.INCOMETAXOFFICEREXEMPTIONCIRCLERANCHIRANCHI.pdf
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