9911796707
TMI Blog2023 (6) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... PER GIRISH AGRAWAL, ACCOUNTANT MEMBER : This appeal filed by the assessee is against the order passed by Ld. CIT(A), Central, North-East Region, Gwahati vide Appeal No. Nil dated 31.08.2022 against the Intimation passed by ADIT, CPC, Bengaluru u/s. 143(1) of the Income-tax Act, 1961 (hereinafter referred to as the "Act") dated 12.01.2020 for AY 2018-19. 2. There is a delay of 46 days in filing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed u/s. 80IC of the Act, for not furnishing audit report in Form 10CCB within the prescribed time limit. 4. From the perusal of the petition for condonation of delay, the facts narrated therein reveals that year under consideration i.e. AY 2018-19 was subjected to scrutiny assessment u/s. 143(3) for which an order was passed on 09.09.2021, making the same adjustment relating to deduction u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on u/s. 143(1) merges in the said assessment order and looses its standalone existence. In the present case before us, appeal is against the intimation u/s. 143(1) which merges into the assessment order passed u/s. 143(3) of the Act. The said assessment order has been quashed in the first appeal, consequent to conduct of search, by holding it an abated year, as submitted by the Ld. Counsel which r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these facts, we find that the present appeal being against intimation u/s. 143(1) is rendered as infructuous owing to its merger into the assessment order passed u/s. 153A, it being abated year and pending before Ld. CIT(A). Accordingly, we dismiss the present appeal as infructuous after condoning the delay. 7. In the result, appeal of the assessee is dismissed as infructuous. Order pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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