The case titled ‘Malibu Estate Pvt. Ltd. vs Pr. CIT-4, New Delhi’ pertains to the assessment year 2011-12 and was filed on 2021-05-13. The final tribunal order was pronounced on 2022-09-29. This case was filed to appeal against the order passed under Section 263 of the Income Tax Act, 1961 by Pr. CIT-4, New Delhi.
Case Number: ITA 510/DEL/2021
Appellant: Malibu Estate Pvt. Ltd., New Delhi
Respondent: Pr. CIT-4, New Delhi
Assessment Year: 2011-12
Case Filed On: 2021-05-13
Order Type: Final Tribunal Order
Date of Order: 2022-09-29
Pronounced On: 2022-09-29
Judges: Anil Chaturvedi, Accountant Member and Challa Nagendra Prasad, Judicial Member
This appeal in ITA No. 510/Del/2021 is filed by Malibu Estate Pvt. Ltd. against the order of the Pr. Commissioner of Income Tax, New Delhi, dated 17.03.2021 passed under Section 263 of the Income Tax Act, 1961 (the Act) for the assessment year 2011-12.
At the outset, the counsel for the assessee, Shri Praveen Kumar, submitted that the Assessing Officer passed an order giving effect to the order passed by the Pr. CIT under Section 263 of the Act wherein the Assessing Officer did not make any addition or disallowance.
The tribunal heard the rival submissions and perused the orders of the Assessing Officer dated 30.03.2022 passed under Section 153 read with Section 263 read with Section 144B of the Act. The Assessing Officer, while giving effect to the order passed by the Pr. CIT, did not make any disallowance or addition. Since there is no addition/disallowance in the consequential assessment pursuant to the order passed under Section 263 of the Act, there is no grievance for the assessee.
The tribunal concluded that the appeal filed by the assessee against the order passed under Section 263 of the Act is infructuous. Thus, the appeal is dismissed as infructuous.
In conclusion, the tribunal pronounced in the open court that the appeal filed by Malibu Estate Pvt. Ltd. in ITA number 510/Del/2021 for the assessment year 2011-12 is dismissed as infructuous.
Order pronounced in the open court on: 29/09/2022.
Sd/- (ANIL CHATURVEDI) ACCOUNTANT MEMBER
Sd/- (C. N. PRASAD) JUDICIAL MEMBER
Dated: 29/09/2022.
*MEHTA*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT (Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT, New Delhi.
Date of dictation: 27.09.2022
Date on which the typed draft is placed before the dictating member: 28.09.2022
Date on which the typed draft is placed before the other member: 29.09.2022
Date on which the approved draft comes to the Sr. PS/PS: 29.09.2022
Date on which the fair order is placed before the dictating member for pronouncement: 29.09.2022
Date on which the fair order comes back to the Sr. PS/PS: 29.09.2022
Date on which the final order is uploaded on the website of ITAT: 29.09.2022
Date on which the file goes to the Bench Clerk: 29.09.2022
Date on which the file goes to the Head Clerk: 29.09.2022
The date on which the file goes to the Assistant Registrar for signature on the order: 29.09.2022
Date of dispatch of the order: 29.09.2022.
Malibu Estate Pvt. Ltd. vs Pr. CIT-4, New Delhi – ITA 510/DEL/2021: Appeal Against Section 263 Order
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