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of <h1>AO's acceptance of income return makes Section 263 directions infructuous, assessee's grounds allowed fully</h1> <h3>Kohinoor Foods Limited Versus Pr. CIT, Delhi 4, New Delhi</h3> The ITAT Delhi held that since the AO, in the Order Giving Effect to the revision u/s 263, accepted the return of income filed by the assessee without ... Revision u/s 263 - as submitted AO has passed the Order Giving Effect (OGE) to the order passed u/s 263 and the AO in OGE has accepted the return of income filed by the assessee - HELD THAT:- As noting that AO in OGE has accepted the return of income filed by the assessee and the issues raised by the ld. PCIT has been duly verified and not proposed any addition, therefore, the directions given by the ld. PCIT u/s 263 becomes infructuous. Hence, all the grounds raised by the assessee are allowed. The Appellate Tribunal (ITAT Delhi) allowed the assessee's appeal against the order of the Learned Pr. Commissioner of Income Tax (Ld. PCIT) dated 30.03.2024 for AY 2017-18. The Accountant Member noted that the Assessing Officer (AO), in the Order Giving Effect (OGE) passed under section 263 of the Income-tax Act, 1961, had accepted the return of income filed by the assessee and verified the issues raised by the Ld. PCIT without proposing any addition. Consequently, the directions issued by the Ld. PCIT under section 263 were held to be 'infructuous.' The Tribunal thus allowed all grounds raised by the assessee and dismissed the appeal filed by the revenue. The order was pronounced on 4th June 2025.
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