Revisional assessment challenge treated as factually infructuous where fresh assessment was already made and remedies remained open.

An appeal arising from a revisional order under section 263 of the Income-tax Act and the resulting fresh assessment was treated as factually infructuous because the assessee had pursued the statutory remedy without obtaining a stay, and the consequential assessment had already been completed. The Court declined to decide the jurisdictional challenge at that stage, noting that the regular appeal against the subsequent assessment remained available and all contentions could still be raised there. The appeal was therefore disposed of without prejudice, with all legal issues expressly kept open for determination in the appropriate proceedings.

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Issues: Whether the appeal against the revisional order and the consequential assessment should be decided on merits or disposed of as infructuous while keeping all points open.

Analysis: The appeal arose from a revisional order under section 263 of the Income-tax Act, 1961 and the consequent fresh assessment. The Court held that, on the facts, the assessee had pursued the statutory remedy without obtaining a stay and the consequential assessment had already been made. In that situation, it was not appropriate to decide the jurisdictional challenge at that stage, particularly when the regular appeal against the subsequent assessment was already available and all contentions could still be urged there. The Court therefore treated the present appeal as factually infructuous, while clarifying that the legal issues were left open.

Conclusion: The appeal was disposed of as factually infructuous, with all questions kept open for consideration in the appropriate proceedings.

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