Supreme Court dismisses petition as moot after tax tribunal resolves issue favorably for respondent, aligning with precedent.

The SC disposed of the Special Leave Petition concerning ITA No.216/CHANDI/2011 as infructuous since the ITAT had already resolved the matter on 16.03.2023, benefiting the respondent/assessee. The SC noted that the issues raised were previously addressed in the Deputy Commissioner of Income Tax & Anr. V/s. Pepsi Foods Limited case. Consequently, the petition and any pending applications were dismissed, rendering further consideration unnecessary.

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Issues involved: Disposal of ITA No.216/CHANDI/2011 by ITAT, rendering the petition infructuous; Reference to a judgment of the Supreme Court in the case of Deputy Commissioner of Income Tax & Anr. V/s. Pepsi Foods Limited.

Judgment Summary:

The Supreme Court heard the counsel and noted that ITA No.216/CHANDI/2011 had been disposed of by the Income Tax Appellate Tribunal, Mumbai Bench "1-2" on 16.03.2023. As a result, the petition had become infructuous since the respondent/assessee had already benefited from the impugned order during the ITAT proceedings. Therefore, the Special Leave Petition was found not sustainable for consideration on merits and was disposed of accordingly.

Furthermore, it was highlighted that the issue raised in the petition had already been addressed in a previous judgment of the Supreme Court in the matter of Deputy Commissioner of Income Tax & Anr. V/s. Pepsi Foods Limited, as reported in (2021) 7 SCC 413. In light of this, the Special Leave Petition was also disposed of, and any pending application(s) were deemed to be disposed of as well.

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